Judicial Identification Of Medical Accident Expert Conclusion

The rapid increase in medical tangle and large number of medical accident civil trespass cases brought to the court caused the high attention of the law circle. Civil procedure evidence experts began to realize the importance of medical accident expert conclusion as evidence to medical accident civil trespass. The stipulation of Regulations on Treatment of Medical Accident redefined the legal concepts of medical accident in our country, and built up technical expertise system for medical accident with characteristics of administration, autonomy and jurisdiction, indicating the birth of monopoly system of technical expertise for medical accident. Technical expertise f6r medical accident is an analytic and demonstrative activity concerning relative medical area such as clinical medicine, basic medicine and forensic medicine, and the expert conclusion of medical accident is a very complicated technical suggestion with high technical requirement. In the case of medical accident civil trespass, the expert conclusion of medical accident should coincide with the form of domestic legal evidence, and the content of which should keep consistency with constitutive requirements of medical damage trespass. The judge's judicial identification of the evidence influences directly the cognizance of the trespass reality of the case that await to be authenticated. The judicial identification of the expert conclusion to medical accident in lawsuit is the judge's expert conclusion to the expert conclusion provided by client before lawsuit and the expert conclusion gained according to the application of the client during the lawsuit or entrusted according to its authority. Judicial identification is a kind of litigant certified activity that inspects and judges the evidence capacity and probative force of the expert conclusion through court hearing and cross-examination as well as in accordance with the relative regulations on evidence in civil procedure system. The conclusion of medical accident expertise is the object that the judge judicially certifies, the evidence capacity and probative force in the lawsuit is the object of judicial certification, while validity, objectivity and conjunction of medical accident expert conclusion as evidence is the identification standard for evidence capacity and probative force. So, in the case of medical accident civil trespass, the judge should take the mode of legal evidence rules combined with self developed evaluation methods to identify medical accident expert conclusion. First, they should follow legal evidence rules to specify whether it is appropriate evidence as well as if it has evidence capacity according to conjunction regulation and exclusive regulation; and establish judge probative force standard according to best evidence regulation that is, to appraise the superiorities of probative force of the conclusion and provide guide to judicial evidence. Second, cross-examining the expert conclusion through solid court hearing and cross-examination system constituted by client inquiry system, appraiser's presence system and expert assistor system, and collects the probative force information reflected by expert conclusion from the process of cross-examine, and form confirmation of this probative force. And moreover, when the judge freely evaluates the medical accident expert conclusion, he only follows logical reasoning and daily experience, so it is hard to form a solid certification of probative force, and some other special experience principles such as the best principle, technique principle, medical regional principle, medical emergency principle and medical special principle should be adopted.