Odpowiedzialność za błąd w sztuce medycznej w systemie prawnym Chińskiej Republiki Ludowej

Abstrakt

The liability for medical malpractice in the legal system of the People’s Republic of China was shaped in the 20th and early 21st centuries. During the period of Mao Zedong’s government, there was a conviction that national legislation should be instrument for achieving ad hoc political goals, all decisions were made informally, on a party basis. Patients did not have the possibility to claim compensation for injury resulting from medical malpractice. A fundamental change took place after Deng Xiaoping came to power as part of the reform and “opening up to the world”, patients ceased to be treated as beneficiaries of social assistance, and became all consumers of health services. Initially, persons injured as a result of medical malpractice may claim compensation through administrative proceedings, which does not provide compensation claim to the amount of injury actually suffered. The “double path” system, which consists of two independent legal regimes – civil and administrative – has evolved significantly over time. The Tort Liability Law of the People’s Republic of China enacted in 2009 includes comprehensive legal solutions for medical malpractice in China.