Medical Negligence Law in Transitional China

This is the first book in English on medical negligence law in China. Relying on the methodologies of statutory interpretation, case study, and socio-legal analysis, it systematically investigates and comprehensively analyses four major problems in Chinese medical negligence law that result in widespread unfairness and uncertainty: – the unreasonable distinction between medical malpractice and ordinary medical negligence; – the ambiguous standard of care for medical negligence liability; – the problematic medical malpractice technical authentication system; and – the excessive restrictions on compensation for medical negligence.

Changes to both substantive and procedural rules of medical negligence law are recommended and suggestions for a possible reform outlined in order to establish a fairer and more certain system of medical negligence law in China. Furthermore, this book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society. It will be useful to students and researchers in medical law, comparative legal study, medical ethics, and Asian sociology and social policy. It is also intended to be accessible to legal advisers, judges, legislators, health care professionals and members of the public with an interest in medical law in China.