By Our Country Incident Of Malpractice Technical Appraisal System Consummation

This article reviewed our country medical service technical appraisal system history,has analyzed our country medical establishment's legal nature,thought "Processes Rule at Incident of malpractice" under the frame present medical service technical appraisal system to compare with beforehand medical service technical appraisal system has is very greatly progressive,but or has some flaws,through studies the author below to discover has the aspect quite obvious flaw:The medical service technical appraisal main body,the incident of malpractice constitutes recognized,the medical service technical appraisal basis,the medical service technical appraisal procedure,the medical technology testimonial legal nature and with civil action system linking up,at the same time the author regarding improved these flaws to propose own viewpoint and the suggestion.In the second chapter of author to the medical service technical appraisal main body legal status,recognizing which the incident of malpractice constitutes,recognized whether constitutes time the incident of malpractice,has the problem in the medical mistake determination and the medical harm result determination two aspects.Medical mistake(medical error) a determination objective standard," Incident of malpractice Has not processed Rule" also not to have the medical mistake,the incident of malpractice and the medical harm confuses in together.When analysis medical service technical appraisal basis,the author thought the medical record writing system and all has the question to the medical record property fight sunder standing.Also carries on in the analysis in this chapter to the medical service technical appraisal process.At present although the start medical service technical appraisal procedure usually has three ways,but regardless of is the patient only then or the medicinal prescription all does not have the option,certainly has not been connected the legal laws and regulations restrain the participation appraisal medicine expert,therefore creates the participation appraisal medicine expert's authority and responsibility not balanced question,similarly because the legal laws and regulations flaw causes the medical service technical appraisal to carry on by the administration of public health department with the medicine can manage certainly does not have the substantive difference.In the third chapter through the research,the author gave own improvement comment to the advance incident of malpractice technical appraisal system:First this system must bring into line with it in the civil action institutional framework,links up the aspect in the medical technology testimonial legal effect and with the civil action system;In next procedure must adopt the hearing way,the request appraises the expert to appear in court to testify accepts populace's surveillance;Must announce the corresponding medical service technology standard once more before the appraisal,(medical error)determines an objective standard as the medical mistake;Cannot be generally spoken regarding the medical record property rights,the author thought may act according to originates divides into with the content the medical record three parts:The different partial property rights ownership is different,the guarantee medical record real responsibility must in the medicinal prescription;Simultaneously changes appraises the expert intelligence,enlarges appraises expert's restraint;May formulate the corresponding standard to instruct the technical appraisal carrying on;...