This book examines the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from the perspective of law and economics. Those legal remedies generally include, inter alia, tort liability, regulation, insurance and social security.
After the Introduction (Chapter 1), Part I (Chapter 2 to Chapter 6) examines the legal remedies for medical quality assurance and victim compensation in China. Subsequently, Part II (Chapter 7 to Chapter 11) is primarily concerned with economic theories and relevant empirical evidence pertaining to medical malpractice and adverse events. Finally, Part III (Chapter 12 and Chapter 13) evaluates the legal remedies for medical quality assurance and victim compensation in China from the perspective of law and economics (Chapter 12) and tries to make a few concluding remarks and to formulate some policy recommendations (Chapter 13). The central thesis is that many aspects of the legal remedies in China are consistent with the economic model of accident law as far as primary accident cost avoidance is concerned, but they still need to be greatly improved when it comes to secondary accident cost avoidance.
Overall, this book provides a thorough examination of the legal remedies for medical malpractice in China, especially taking into account the latest development in economic theories and new empirical findings. Hence, it will be of interest to legal and economic scholars, lawyers, insurers and policy makers responsible for ensuring the quality of medical care.
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