Preventing Medical Malpractice and Compensating Victimised Patients in China: A Law and Economics Perspective

ISBN-13: 9781780684680 / Angielski / Miękka / 2017 / 600 str.

Xiaowei Yu

Opis

This 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 gives a full description of 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 one another. It also 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. In order to put forward policy recommendations for China, the law and economics studies on medical malpractice and the economic theories of the legal remedies in China are summarized. The ultimate conclusion of this work is that, although many aspects of the legal remedies in China are consistent with the economic model of accident law as far as the prevention of medical malpractice is concerned, they still need great improvement when it comes to compensation for iatrogenic injuries. Overall, this book provides a thorough examination and evaluation of the legal remedies for medical malpractice in China, especially taking into account the latest developments in economic theories and new empirical findings. Hence, it will be of interest to legal and economic scholars, students, lawyers, insurers, and policy makers responsible for ensuring the quality of medical care. Dissertation. Subject: Injury Law, Medical Malpractice, Chinese Law, Human Rights Law]