The Study On The Technical Appraisal System Of The Medical Accidents In China

In recent years, the medical accidents increased year by year in our country. 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 describes the current situation of the appraisal system of the medical accident, then, analyzes the defect of the expert evaluation institution,and puts forward some improving suggestions.This thesis is composed of three parts and the preface, and the main text is as follow:the preface sets off thought to our legal system of expert evaluation of medical malpractice by tow series data and one true case.In the first chapter,according to the Council issued the Regulation on the Handling of Medical Accidents and the Sanitary Department issued the Interim Measures of Appraisal of the Medical Accidents, the author describes the current situation of the appraisal system of the medical accident,including the expert evaluation institution, the expert evaluation procedure and the expert conclusion.at the same time, the author also describes the influence of the issuing of Decision on the Justice Appraisal Problems by the Standing Committee of the National People's Congress on Amending the Audit Law of the People's Republic of China to the appraisal system of the medical accidents.In the second chapter, the author analyzes the limitation of the current appraisal system of the medical accidents and the main deficiencies is three aspects in the following:In the identification body, the accreditation body, that is, the Medical Association lack of neutrality to identify; the members of the Group that people lack knowledge of the law;the collective identification is against the law;In the identification procedure, the start-up mode of the application limit the unilateral right; there is problems to control the time of the re-identification;the avoiding system requires a narrow range of experts and the experts should not evade the responsibility because of not avoiding;in the course of the confrontation and lack of party debate aspect;the low rate of people of identification to be testified in court;in the identification conclusions, the contents of the identification book does not include the fault; the way of getting conclusions is unscientific; the identification book without expert personal signature or seal, without the records of the different opinions of experts; there is "the proviso"in identification book which causes side effects; the identification conclusions will be at the same levels in effect among different Medical Association;The third part ,make recommendations to the appraisal of the medical accidents in our coutry.At the macro level, a unified "judicial identification" should be formulated in order to adjust our country different forensic activity.At the micro level, the appraisal of the medical accidents in our coutry should be improved in following aspects. In the identification body, improve the identification of units, set up vocational qualification examination and assessment system of the identification people, strengthen the legal duty of the identification people; in the identification procedure,improve the start of the first identification and re-identification and re-identification, perfect the avoiding system, increase the party's confrontation, and improve the system of identification people to be testified in court; in the identification conclusions, improve the form and content of the identification book, as well as to identify ways.In addition, the medical arbitration system should be set up.