Identification Of Medical Errors

From the current legislative and judicial perspective, there is two-track in China's medical dispute cases'cause, the applicable laws and Medical negligence assessment. It makes the judicial identification of medical negligence in our country's judical practice will come to different legal results, according to medical and judical identification. Although the "Tort Law" has come into effect, we will not be effective to solve the current predicament, if we do not resolve disputes in the medical judgments by the over-reliance on medical or legal judgments from the system.In order to To further standardize the identification system, to promote the same between medical and legal negligence judgments's understanding and implementation, We need to further reform and improvement. In this paper, we make The "negligence" identification in Medical disputes become the main target, combining both legal and medical knowledge by the start of theory and practice, and we use empirical analysis, induction and deduction and other analytical methods for the discussion of medical negligence identifition. The first part is an overview of medical malpractice. First, we make a contrast of the concept of medical negligence and related discrimination, and describes the nature of medical malpractice and negligence recognized standard from the theoretical definition of the concept and scope, meanwhile, propose the relevant theory of negligence identification. After accordingly study.,we made a few basic principles of "negligence" identificationThe second part is recognized by our medical malpractice legislation from judical practice. In this section, starting from system design level, making our medical malpractice cause of action in the two-track system, identification procedures and compensation standards for two-track two-track system as the focus,clearing the relationship between "Tort Liability Act" and "Regulations of Medical Malpractice,"we make a conclusion and analysis for China legislation of health of and practice of fault identified problems. Mean while, we make a related presentations of other countries'recognized system for medical negligence.The third part is ideas for improving the judicial determination of a number of medical malpracticeFirstly, we should regulate Medical Malpractice identification system, abolish the identification of medical accidents, unity the medical negligence and medical errors and patient harm consequences of the causal relationship, and grant judicial qualification for the forensic and clinical experts.Second, we improve should make the expert witness system for a large dispute between doctors and patients of medical injury compensation cases,and employ expert witnesses, expert witnesses and improve the procedures for payment and other rules. Finally, the only medical expert is not enough,, because medical expert witnesses often and sometimes can not accurately understand the judges and court opinions. Therefore we should establish an expert witness community in juryfor medical malpractice compensation disputes. The people in the jury together with medical experts compose a judges to trial will reach the maximum legal thinking in medical thinking and unity.