Title: Preventing medical malpractice and compensating victimised patients in China : a law and economics perspective /
Authors: Yu, Xiaowei,
Year: 2017
Subjects: Medical personnel Malpractice China.; Medical errors China.; Compensation (Law) China.; Medical laws and legislation China.; Compensation (Law); Medical errors; Medical laws and legislation; Medical personnel Malpractice; China
Abstract: Preventing Medical Malpractice and Compensating Victimised Patients in China' is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective. Specifically, those legal remedies include tort liability, regulation, insurance and social security. The new medical liability regime based on the Tort Liability Law 2009 currently provides the primary legal remedy against medical malpractice. However, the role of alternative regimes in medical quality assurance and victim compensation should not be ignored. This book: 0- gives a full description of all the current legal remedies for the prevention of medical malpractice and compensation for iatrogenic injuries in China, in order to see how those different legal instruments interact with and impact on one another; 0- examines how those legal remedies work in practice and what impact they have on society, based on an extensive analysis of court decisions, several semi-structured interviews, and a review of the available empirical literature; 0- summarises the law and economics studies on medical malpractice and applies economic theories to the legal remedies in China, in order to put forward policy recommendations to China --Back cover.
Contents: Introduction -- Health care provision and regulation -- Compensation for Iatrogenic injuries under Tort Law -- Medical disputes, Iatrogenic injury, malpractice litigation, and patient compensation : empirical evidence -- Other compensation schemes -- A doctrinal evaluation and tentative conclusions -- Preventing medical errors throught Tort Law : theoretical models -- Preventing medical errors throught Tort Law : empirical evidence and updated models -- Preventing medical errors through alternative regimes -- The fault-based compensation mechanisms for Iatrogenic injuries -- Medical compensation mechanisms not based on fault -- As economic analysis of the Chinese medical malpractice system -- Concluding remarks and policy recommendations.