Study On The Legal System Of Expert Evaluation Of Medical Malpractice In China

With the development of the economy and the progress of the society, the people attach importance to the safety and quantity of the medical service more and more, at the same time, the consciousness of right also strengthens continuously, so the medical accidents increased year by year. The expert evaluation of medical malpractice avails to confirm the liability, so it is meaningful to settle medical malpractice dispute and protect the legal interests of the two parties. But the defects exist in the present legal system of expert evaluation of medical malpractice in our county. This thesis analyzes these defects, combines the experiences of the foreign countries with the conditions of our country and puts forward some improving suggestions.This thesis is composed of three parts: the preface, the text and the conclusion. The first chapter is preface, and the main text is as follow:The second chapter discusses the general introduction of the expert evaluation of medical malpractice. The expert evaluation of medical malpractice is professional activity. The expert witness made use of medical principles and professional knowledge and discriminates and judges the medical malpractice.In the third chapter, the author describes the current situation of the appraisal system of the medical accident, then, analyzes the defect of the expert evaluation institution, the expert witness, the expert evaluation procedure and the expert conclusion in the present legal system of expert evaluation of medical malpractice in our country.In the fourth chapter, the author introduces the medial malpractices expertise system in foreign countries. And then, discusses the importance of learning from their expertise system reform.In the fifth chapter, the author discusses how to improve the legal system of expert evaluation of medical malpractice in our country. First of all, the Expert Evaluation Law should be made. Secondly, the neutrality of Medicine Association is ensured through liability system and competition mechanism. Thirdly, the system of the expert witness should be improved. Fourthly, the expert evaluation procedure should be regulated. Fifthly, the system of the expert conclusion should be improved. Sixth, construct the mediative system of medical disputes in our country.