论医疗纠纷中的损害赔偿-法律(法学)专业论文.docxVIP

西南科技大学硕士研究生学位论文 第 II 页 Abstract Medical disputes, it is in the patient (or family) for between medical institutions and medical process. medical results, as well as between the existence of medical tort, and whether medical service contract in place of disputes as a result of the differences. Liability to pay compensation for medical infringement dispute that problems do not appear to have reached a consensus in the legal practice, but in reality a lot of medical tort disputes exist, be cause the medical disputes caused by disputes also not allow to ignore, this kind of dispute resolution is the key to damages in medical tort disputes. In daily medical activities, our country current medical infringement law system there is a lack of serious congenital defects, medical dispute problem, cause its science, impartiality, legality, is no guarantee that the burden of not only further increases the risk of claim, and further intensify the doctor-patient contradiction, and extends the doctor-patient contradiction in the field of justice, the judicial field based on medical system defects lead to injustice, also bring a lot of bad effects to the society, the formation of many unstable factors. Therefore, it is necessary for medical infringement liability issues in-depth analysis, in a unified legal application, safeguard social fairness and justice. In this paper, the case is essentially a fish-bone stuck a murder case caused by. About somebody swallowed by sleep-deprivation later sent to the hospital, after surgery, bleeding, finally died that night. Through case first clear the two dispute focal point of this article is the fault of the medical institutions recognized and compensation of medical institutions, and then in view of the controversy focus on case, finally lead to the damage compensation in medical disputes is a thinking. Keywords：medical disputes; compensation; infringement; fairness and justice 西南科技大学硕士研究生学位论文第 西南科技大学硕士研究生学位论文 第 III 页 目 录 绪 论 ············