Medical Liability

This chapter presents a comparison of liability/compensation systems across countries, which can be challenging because of substantial differences in tort doctrine, judicial systems, and administrative compensation mechanisms. It approaches the problem of patient injury in a healthcare system from the dual (and dueling) perspectives of system responsibility and provider culpability. The basic question that the chapter asks is this: Who should bear the economic costs of medical adverse events? The US system remains solidly anchored in the tort liability system, with its emphasis on negligence-based culpability in medical malpractice cases—but with timid moves toward enterprise liability and statutory communication and resolution programs. By contrast, the Scandinavian systems have publicly funded patient compensation funds.

Research on the Conditions of “Right Protection Fee” in State Compensation

according to the State Compensation Law of the people’s Republic of China implemented in 1995, state compensation includes administrative compensation and criminal compensation. State compensation mainly refers to that when the state organ or staffs of the state organ bring personal rights or property rights damage to citizens, legal persons and other organizations due to the exercise of their functions and powers, they should perform the obligation of compensation and give corresponding compensation to the victims. At the same time, in the process of the victims’ application for compensation, the determination of the “right protection fee” such as “the loss of work fee” has not been clearly defined in the state compensation law. Therefore, in the actual legal cases, the conditions for the determination of the right protection fee in the state compensation causes widespread social disputes. Thus, it is of practical significance to carry out the following analysis on the determination of rights protection fees in state compensation.

Administrative Compensation for Pharmaceutical –and Vaccine-Related Injuries

No Info.