On The Perfection Of Medical Damage Identification System In China

The medical dispute identification system is the crucial question in settlement of medical malpractices disputes. Also, it plays an important role in dealing with the medical liability of medical damage and identification of the fact and the responsibility. At the same time, medical identification system is not only the necessary means in handling with the medical disputes, but also one of the significant evidence in dealing with the medical disputes. According to current laws, regulations and juridical practice, the medical damage identification includes the medical accident technical identification and medical malpractice judicial identification.The article consists of three parts:the introduction, body and conclusion. The body consists of five chapters.The first chapter presents an overview of medical dispute identification system. This part mainly introduces the background and meanings of selected topic, and the corresponding literature review and research methods.The second chapter is the introduction of the history evolution and current situation of medical dispute identification system, in which we can discover that there are many conflicts in the current medical dispute identification system.The third chapter deals with the forms the current medical dispute identification system. This part classifies the medical accident technical identification and medical malpractice judicial identification. Comparing the relations and differences between the medical accident technical identification and medical malpractice judicial identification helps to construct the basic frame. In this part, stressed on analyzed the differences of the two systems through the nature and legal authority, the subject and identification form, the contents of identification and so on.The fourth chapter points out the defects of the medical accident technical identification and medical malpractice judicial identification. The problems of the status of identification subject, the start-up procedure and the conclusions are identified in the medical accident technical identification. And the problems of the limited competency of surveyors, the objectivity and justice of conclusion, the difficulty of judicial identification and the imperfections in evidence examination are identified in the medical malpractice judicial identification.The fifth chapter elaborates some suggestions on consummating the medical dispute identification system which concludes two parts. Firstly, establishing the corresponding hearing system is proposed, in which includes that improving the procedure of identification implementation, clarifying the methods of identification system, formulating the basic principles and perfecting the conclusion. Secondly, the author wants to establish a unified medical identification system that is beneficial for the harmonious physician-patient relationship within the society.