A Study On Medical Malpractice Expertise System

Currently, medical dispute is a hot-button issue in China. According to the situation, reasonable solutions to this problem must rely on establishment of a perfect identification mechanism for medical disputes. However, the current identification system has many problems; to resolve these issues, a sound system is urgently required.The first chapter is mainly about medical accidents and identification problems related to them. First, the thesis analyzes the current legal definition of medical accidents, and points out that the lack of criteria for identifying medical accidents and its development have hindered the spirit of exploration and the development of medical science. Referring to the advantages of " Accepted Standard by The United States Practice Groups", the paper puts forward some advice for improvement the standards of medical accidents appraisal, and redefines the concept of medical accidents. Second, the paper presents the concept of medical accidents identification, and through comparison with other identification such as forensic identification explains its legal characteristics and functions.The second chapter portrays the historical development and current situation of the system of medical accidents identification .Its history can be divided into three different stages which are analyzed respectively. Secondly, from identification institutes, identification procedures.and identification conclusions the thesis gives a detailed introduction of the identification system.Chapter III gives an analysis of the main problems in implementing the the present identification system. First, it studies the independence of identification : on the one hand, Medical Association, identified as a semi-official nature ,is not an independent body from medical institutions and health administration departments. On the other hand, due to geographical and professional limitations, the indentification practitioners are not independent on medical institutions. This makes the public questions their impartiality. Because of the imperfect legislation, it is difficult to identify the responsibility of the indentification practitioners. Secondly, the process of identification of the problem started two ways : on the one hand, the present system incompatible with the current litigation. restrictions on the rights of the parties; identification and review of the admissibility of the other side there are legal jargon misconduct and the lack of clear criteria to review aid channel. Third, the identification procedures did not provide identification of the authenticity of the test material, which not only affects the efficiency of identification. More impacts on the fairness of the identification. Finally, the conclusions on the existence of unidentified medical accidents. Testimony in the form of blemishes and the lack of effective means of problems, which the evidence medical accidents a serious effect.Chapter IV analyzes Enligh medical accidents identification system. First, the common law system of expert witnesses, expert witnesses on the nature of the concept. The court selects qualified expert witnesses and cross-examine the system of selection analysis to identify the advantages and disadvantages of the system. Secondly, the identification of the civil law system with the corresponding analysis. Finally, the advantages and disadvantages of these two types of systems analysis and comparison, and at last the inspiration to our medical accidents identification system.Chapter V studies a perfect system. First, accurate positioning 86.11 on the nature of the conclusions. Evidence rules in line with the starting point for reform of the system of medical accidents. China's unity and establish a system for evaluating the reform of judicial proceedings. Secondly, the establishment of our independent 86.11 technical appraisal system, including improving the qualifications, justice system and legal liability. Again, perfect identification procedures include expanding the scope of the system, establishing and improving the system of identification of materials and assistance system. Finally, we should perfect the identification system on the inquiry, including perfecting the content and forms of the identification certificate to eliminate flaws,and establishing the expert group represented by the experts team leader and enhancing the relative systems about assistant experts.