时间：2020-09-15
本文Medical Malpractice: A Comparative Perspective Between China and the United States 原载Contemporary Social Sciences，由四川大学王竹教授等科研人员创作，系四川大学市场经济法治研究所系列学术成果。后续会持续分享四川大学市场经济法治研究所系列学术成果，欢迎大家阅读。
Abstract: At the beginning of the 1970s, the United States turned onto the winding road of medical malpractice compensation. With the goal of properly dealing with this issue, the United States embarked on a process of continuous reform. In recent years, the number of disputes over medical malpractice liabilities in China has increased considerably. However, dealing with these disputes in accordance with the provisions of the current law is not going smoothly, and maybe we can learn from the experiences of the United States. The relevant measures for the solutions to medical malpractice in the United States and China will be analyzed from a comparative perspective. These include enactments of medical malpractice, the classification of medical malpractice, the doctrine of liability fixation, the burden of proof, the criterion of judging negligence, the liability subject, the authentication system, expert witnesses, standards of compensation, and suggested reforms in the system of the medical malpractice liability, including stipulating the medical malpractice liability of administration in the Civil Code, optimizing the criteria of recognizing negligence, applying organizational fault liability, establishing pilot projects of no-fault medical liability, developing an open mechanism for medical malpractice disclosures and improving the capacity to deal with medical chaos.
Keywords: medical malpractice, medical malpractice liability, negligence, medical institutions, medical staff
Yihan W , Zhu W .Medical Malpractice: A Comparative Perspective Between China and the United States[J].Contemporary Social Sciences,2020,(4):132-155.（论文下载）
