The Judicial Operation And Its Alteration Of Medical Malpractices Expertise In Our Country

This paper focused on the judicial operation of the medical malpractices expertise, which has the validity of civil procedure law. Though the credibility of expertise has minor faults, it still has the function of complementing the judge's cognizing ability and providing the proof. The effect of evidence shows that the expertise is not the unique evidence of the court judging whether the medical institute should be responsible, nor is it prior to other proofs. To review the expertise conclusion of medical malpractices is the general legislative requirement. It is pointed that cross-examination of the expertise conclusion is the premise of reviewing and adopting; Meanwhile the requirement of the contents of reviewing the malpractices expertise is also given. This paper also points out the drawbacks of current malpractices expertise system in our country. After introducing the medial malpractices expertise system in foreign countries, the importance of learning lessons from their expertise system reform is discussed. At last the suggestion of how to improve the medical malpractices expertise system in our country is put forward.