Research On Expert Consultation System In Medical Dispute Settlement

The expert consultation in the treatment of medical disputes helps to give consideration to fairness and efficiency,and solve medical disputes.In practice,there are some problems in expert consultation,such as non-standard procedures,non disclosure of the process,non examination of advisory opinion and so on.Expert consultation is a peer evaluation method to solve medical disputes.It is necessary to systematically study the value orientation of expert consultation,the litigation review of advisory opinion and the system construction of expert consultation in the treatment of medical disputes.The first chapter discusses the concept and connotation of expert consultation in medical dispute settlement,as well as the dispute settlement theory and justice and efficiency theory as the theoretical basis of expert consultation.Expert consultation is widely used in many fields.In the treatment of medical disputes,expert consultation,judicial expertise and expert assistant are all the expert systems to solve specialized problems.The purpose of medical dispute handling is to solve medical disputes.Therefore,it is necessary to find out the facts and form handling opinions,eliminate differences through professional evaluation,realize the rights affected by the disputes,and restore the broken doctor-patient relationship.The practice of dealing with medical disputes used to focus on fairness or efficiency.Now it is necessary to build a mechanism to solve specialized problems in a variety of ways,including expert consultation.The second chapter investigates the practice of expert consultation in the treatment of medical disputes.There is a legal basis for expert consultation in medical dispute mediation,but there is no clear legal basis for expert consultation in medical dispute litigation procedures.In practice,mediators,judges and appraisers will consult experts in order to solve complicated medical problems.Although the conditions,procedures and the role of expert are different,expert consultation is indeed helpful to solve specialized problems,and sometimes is indispensable.However,expert consultation is often carried out in a closed way,with non-standard procedures and lack of supervision,which damages the rights and interests of the parties and limits the application of expert consultation.The third chapter discusses the peer evaluation in the treatment of medical disputes,which is the basis of expert consultation.In the treatment of medical disputes,medical problems should be evaluated by peers,otherwise it will affect the development of medicine.Peer evaluation in medical dispute handling is different from peer evaluation in general scientific field.When discussing the standards of peers and basis,we should not only consider the medical professional level of evaluation,but also consider the legal effect of evaluation results.Many common law and civil law countries have expert systems for peer evaluation of professional issues.China also has expert systems for peer evaluation of professional issues,such as identification,expert assistant,technical consultation and the expert consultation system discussed in this paper.The fourth chapter analyzes the value orientation of expert consultation in the treatment of medical disputes.Expert consultation in the treatment of medical disputes can solve the specialized problems that perplexing judges,supplement and balance different expert systems,and advisory opinion can also be used to improve the quality of medical treatment.Expert consultation mainly puts forward opinions on specific medical problems.Unless it is used as a substitute for judicial expertise in disputes,it is less likely to conduct a comprehensive analysis of the controversial treatment process.When applying expert consultation,we need to take fairness as the premise,balance the scientific value and efficiency value of expert consultation.The fifth chapter discusses the review of expert advice in medical dispute litigation.The expert advice in the mediation procedure may be submitted to the court as evidence by the parties.At this time,the expert advice is relevant,and can be used as the basis for determining the facts after the review procedure.Limited by the forms of evidence stipulated by law,the evidentiary attribute of expert advice in medical dispute litigation has always been controversial.The admissibility rules of expert evidence show that advisory opinion is expert evidence,which can be used as the basis for determining the facts after cross examination and review by the judge.The sixth chapter discusses the system design of expert consultation in the treatment of medical disputes.If there are specialized problems that need to be solved by the expert and other expert systems don’t work,the judge or mediator may decide to consult the expert.Qualified experts should not only meet the professional requirements of expert consultation,but also meet the legal requirements of solving medical disputes.In order to ensure the enthusiasm of experts to participate in consultation,experts should enjoy the rights to independently decide to provide consultation,and freely express their personal opinions.In order to achieve the effect of solving medical disputes,experts should fulfill the obligations of truthfully informing the avoidance situation,keeping the case secret,and giving strict,objective and fair opinions.The cost of experts participating in expert consultation should be supported by stable funds.At the same time,it also be necessary to improve the evaluation and withdrawal mechanism of experts.