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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:- 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.-
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.- 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.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.
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