Great expectations: medical accident tribunals in the Popular Republic of China
PDF (Portuguese)

Keywords

Medical Accident Tribunals. China. Medical Liability. Patient’s Rights. Medical Conflicts.

DOI:

https://doi.org/10.17566/ciads.v5i3.335

How to Cite

1.
Great expectations: medical accident tribunals in the Popular Republic of China. Cad. Ibero Am. Direito Sanit. [Internet]. 2016 Sep. 30 [cited 2025 Jul. 3];5(3):223-36. Available from: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/335

Abstract

Due to deep economic and social changes in China health care delivery faces severe difficulties in order to satisfy the patient’s needs, thus leading to frequent conflict between patients and health care facilities and/or doctors. Since regular courts seem unable to solve medical litigation cases in a way considered satisfactory for both parties Chinese government created the so called “medical accident tribunals”. These courts are characterised by two main notes: on the one hand, their composition, since, unlike regular courts, they are composed by deciders with medical expertise; on the other hand, the fact that the activity developed by these courts is restricted to the field of medical liability, thus, this specialization allows them to decide faster and supposable in a more just way. However, and despite the main development that medical accident courts represent, they are just a small piece of the main reform required by medical conflicts around China.

PDF (Portuguese)

References

Liebman BL. Malpractice Mobs: Medical Dispute Resolution In China. Columbia Law Review. 113(1): 181–264.

Kearney J. Why China's 2010 Medical Malpractice Reform Fails to Reform Medical Malpractice. Emory International Law Review. 2012, 26(2): 1039-1078.

Wang. H A Dilemma of Chinese Healthcare Reform: How To Re-define Government Roles?, 20 China Econ. Rev. 598, 601-02 (2009).

Li H, Wu X, Sun, T. Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011. BMC Health Services Research. (2014), 14:390. DOI: 10.1186/1472-6963-14-390.

Xu W. Violence against doctors in China. Lancet. (30 aug 2014); 384(9945):745

Zhao L, Zhang XY, Bai GY, Wang YG. Violence against doctors in China. Lancet. (30 aug 2014); 384(9945):744

Yueju L. Violence against doctors in China. Lancet. (30 aug 2014); 384(9945):745

Zhao Z. Income Inequality, Unequal Health Care Access, and Mortality in China. Population and Development Review. (sep 2006), 32(3): 461-483.

Chen XY. Defensive medicine or economically motivated corruption? A confucian reflection on physician care in china today. J Med Philos. (2007), 32(6): 635-648

Dai Q. Informed Consent in China: Status Quo and its Future, Medical Law International. (mar 2003), 6(1): 53-71

HE AJ. The doctor-patient relationship, defensive medicine and overprescription in Chinese public hospitals: evidence from a cross-sectional survey in Shenzhen city. Soc Sci Med. (dec 2014), 123: 64-71

Shao TC. The Trial System of Mainland China. Law and Juridical System, (jan de 1994), 3(1): 99-107.

Wang HongYu (王洪宇), 行政檢察監督的法律思考, in Jurists Review (法學家), n.º 2, 2000, p. 71.

 

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