From medical malpractices to medical civil liability in the legal system of the People’s Republic of China
Objectives: Firstly, to test whether the regime of medical accident regulated by the Regulation on the Handling of Medical Accident loses its practical use since the effectiveness of the Tort Law of the People's Republic of China, which provides for a regime of liability for damages caused by m...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2017 |
| País: | Brasil |
| Institución: | Fundação Oswaldo Cruz (FIOCRUZ) |
| Repositorio: | Cadernos Ibero-Americanos de Direito Sanitário (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.cadernos.prodisa.fiocruz.br:article/404 |
| Acceso en línea: | https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/404 |
| Access Level: | acceso abierto |
| Palabra clave: | Erro médico Responsabilidade profissional Dano ao Paciente Medical errors Medical liability Pacient Harm Accidente médico Responsabilidad médica Daño al paciente |
| Sumario: | Objectives: Firstly, to test whether the regime of medical accident regulated by the Regulation on the Handling of Medical Accident loses its practical use since the effectiveness of the Tort Law of the People's Republic of China, which provides for a regime of liability for damages caused by medical treatments; Secondly, evaluate whether the characterization of medical accident is still part of medical civil liability regulated in the Chinese Tort Law ; Thirdly, discuss if both regimes - which now originate from different legal documents - contain the same requirements and the same scope. Methodology: were mainly based on bibliography and the investigation of norms related to both regimes.. Result and Conclusion: even though the regime that regulates medical accidents loses its practical use regarding the medical civil liability, it still maintains its utility as a practical guide for administration . The existence of medical accident is not a direct need to characterize medical civil liability regulated in the new law. The illicit fact, medical negligence or fault, damage, causality and medical institution and medical staff members as subjects are the requisites of both regimes. Notwithstanding some of them have different understanding, such as the contents relating to the illegality, to medical negligence or fault and damage. |
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