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87 Chi.-Kent L. Rev. [i] (2012)

handle is hein.journals/chknt87 and id is 1 raw text is: CHICAGO-KENT LAW REVIEW VOLUME 87 2012 NUMBER 1 CONTENTS SYMPOSIUM ON MEDICAL MALPRACTICE AND COMPENSATION IN GLOBAL PERSPECTIVE PART II Symposium EDITORS RICHARD W. WRIGHT & KEN OLIPHANT A BRIDGE OVER TROUBLED WATERS: THE DEVELOPMENT OF MEDICAL MALPRACTICE LITIGATION IN BRAZIL Eduardo Dantas 3 This paper aims to demonstrate how medical malpractice litigation is develop- ing in Brazil, and how the Brazilian legal system is dealing with the increase of demands against health care professionals. A brief overlook on the legal structure is provided, highlighting the most importante issues being discussed today in Bra- zilian courts, regarding autonomy, consent, choice, the definition of moral dam- ages, and the influence of the Consumer's Defense Code in litigation regarding health law. YANGGE DANCE: THE RHYTHM OF LIABILITY FOR MEDICAL MALPRACTICE IN THE PEOPLE'S REPUBLIC OF CHINA Zhu Wang 21 & Ken Oliphant This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal sys- tem of administrative liability in 1987, its refinement in 2002, and the broadly con- temporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liabil- ity Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the same direction may be apprehended in the future. Yangge Dance, a traditional Chinese folk dance, provides an apt simile for this process of develop- ment, with its initial move of three steps forward followed by two steps back. The dance is concluded by two sideways steps - first to the right, then to the left - which may be taken to refer to the constant interplay between the two concurrent liability systems - one administrative, the other tortious - which is explored in its various dimensions in the article.

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