The role of tort law in preventing hospital violence in China

Abstract

Violent confrontations in public hospitals 1 have become a serious and growing problem in the People's Republic of China in the last decade. The violence, usually known as "Yinao" (medical disturbance in its literal sense), refers to physical violence, physical restraint, intimidation and harassment of medical staff by the patients and their families arising out of medical disputes. 2 It also extends to disrupting hospital operations, such as blockading entry to hospital facilities, mass demonstrations and destroying hospital property. The thesis examines why patients' resort to violence rather than legal mechanisms, particularly torts claims, to resolve medical disputes. Despite important reforms brought about by the Tort Law 2010, hospital violence continues. The thesis, adopting a corrective justice focus, argues that violence continues because of the unavailability of torts remedies in the past and the inadequacy of torts law and other mechanisms to meet patients' needs for transparency and accountability.

Date of Award	2014
Original language	English