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Book contents
- Frontmatter
- Acknowledgements
- Contents
- Abbreviations
- List of Figures and Tables
- Chapter 1 Introduction
- Part I Legal Remedies for Medical Malpractice in China
- Part II Economic Theories and Empirical Evidence
- Introductory Note
- Chapter 7 Preventing Medical Errors through Tort Law – Theoretical Models
- Chapter 8 Preventing Medical Errors through Tort Law – Empirical Evidence and Updated Models
- Chapter 9 Preventing Medical Errors through Alternative Regimes
- Chapter 10 The Fault-Based Compensation Mechanisms for Iatrogenic Injuries
- Chapter 11 Medical Compensation Mechanisms Not Based on Fault
- Part III Applying the Economic Observations to China
- Summary
- Bibliography
- Appendix 1 Legislation
- Appendix 2 Cases
- Appendix 3 Semi-Structured Interviews
- Valorisation Addendum
- Curriculum Vitae
Introductory Note
from Part II - Economic Theories and Empirical Evidence
Published online by Cambridge University Press: 29 September 2018
- Frontmatter
- Acknowledgements
- Contents
- Abbreviations
- List of Figures and Tables
- Chapter 1 Introduction
- Part I Legal Remedies for Medical Malpractice in China
- Part II Economic Theories and Empirical Evidence
- Introductory Note
- Chapter 7 Preventing Medical Errors through Tort Law – Theoretical Models
- Chapter 8 Preventing Medical Errors through Tort Law – Empirical Evidence and Updated Models
- Chapter 9 Preventing Medical Errors through Alternative Regimes
- Chapter 10 The Fault-Based Compensation Mechanisms for Iatrogenic Injuries
- Chapter 11 Medical Compensation Mechanisms Not Based on Fault
- Part III Applying the Economic Observations to China
- Summary
- Bibliography
- Appendix 1 Legislation
- Appendix 2 Cases
- Appendix 3 Semi-Structured Interviews
- Valorisation Addendum
- Curriculum Vitae
Summary
In Part I, it was explained that China has developed various legal remedies for medical malpractice, such as regulation, the medical malpractice liability system, liability insurance, first-party insurance, and social security. However, these legal remedies are far from perfect and many problems such as under-enforcement, under-compensation, and Yi Nao incidents arise in practice. The primary goal of this thesis is to conduct an efficiency analysis of the Chinese legal remedies for medical malpractice. In order to be able to answer the second main research question, economic literature will now be examined.
Specifically, Part II will deal with part of the second main question – Sub-question (2-a) – How should the legal remedies be structured in order to prevent medical malpractice and compensate victims for iatrogenic injuries efficiently in theory and have these theoretical predictions been tested? This question is approached in the light of Calabresi's analytical framework for the analysis of accident law. According to Calabresi, the primary goal of accident law is to reduce the sum of expected accident costs and the costs of care (primary cost avoidance). The secondary goal is to reduce the social and economic dislocation suffered by victims when the accident nonetheless occurs (secondary cost avoidance). The tertiary goal is to reduce the costs incurred by the legal procedures for resolving disputes (tertiary cost avoidance). In addition to theoretical models, available empirical evidence that is used to test these models is also incorporated.
The primary goal corresponds to the preventive or deterrent function of accident law. Chapter 7 is aimed at explaining how the medical malpractice system could be designed in order to generate ex ante incentives for health care providers to take optimal precautions. Based on empirical evidence from the US, Chapter 8 will answer the question whether the malpractice system can be cost-effective in practice as far as deterrence is concerned. Chapter 9 will explore the desirability of alternative solutions – the contractual approach and regulation – in the light of optimal deterrence. In these chapters, the main economic benchmarks are primary cost avoidance and tertiary cost avoidance. Issues of secondary cost avoidance are addressed separately in the following chapters.
The secondary goal corresponds with the compensation function of accident law. Chapter 10 will address the fault-based compensation mechanisms, mainly including tort law and liability insurance.
- Type
- Chapter
- Information
- Preventing Medical Malpractice and Compensating Victimised Patients in ChinaA Law and Economics Perspective, pp. 209 - 210Publisher: IntersentiaPrint publication year: 2017