Preventing medical malpractice and compensating victimized patients in China: A law and economics perspective

Xiaowei Yu

Research output: ThesisDoctoral ThesisInternal

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Abstract

This is the first dissertation 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.
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.
Original languageEnglish
QualificationMaster of Philosophy
Awarding Institution
  • Maastricht University
Supervisors/Advisors
  • Faure, Michael, Supervisor
  • Philipsen, Niels, Supervisor
Award date15 Feb 2017
Place of PublicationAntwerpen
Publisher
Print ISBNs978-1-78068-468-0
DOIs
Publication statusPublished - 2017

Keywords

  • medical malpractice
  • iatrogenic injury
  • prevention
  • compensation
  • tort law
  • regulation
  • insurance
  • no-fault compensation
  • social security
  • law and economics
  • China

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