Researching On The Institutional Defects Of Medical Technical Appraisement And Perfecting Measure

Whatever which stage the social development may be, people never stop pursuing a healthy life. Searching for a healthy life has become the guarantee for the social stable as well as the priority of people's living standards in such a highly pressured and well developed society. But the results of the treatment are always disappointing for which we require a corresponding system to restrict the medical staff and the relief for patients. Before the publication of "The handling byelaw of medical malpractice", the technology appraisal committee is responsible for medical accidents. But the commission is the agency of government who subject to the public health administrative department. Therefore, it is an organization with strong administrative color instead of an independent and impartial one. So the system cannot guarantee the justice of the appraisal conclusion, for which we usually called, "father and son appraisal".Following the unceasing development of China's reform and opening, the national health care system got a further reform and the state-run medical units changed to the for-profit economic entity as well as the perfection of China's legal system construction and improving of the overall quality of citizens, the medical disputes rising dramatically because people begin to protect their right by law. The complication and intensification of the contradiction between the parties has become a hotspot which ascribed to the misguiding of media. In recent years, problem of inadequate and overly expensive medical services has become the top priority of the national economy and the people's livelihood. The original "The handling byelaw of medical malpractice" can not meet the needs, let along in some places it has become nonsense. In order to solve medical disputes, the State Department published the new "handling rules of medical malpractice" in 2002 and the health department issued the according regulations.Compared with the previous appraisal process, the existing technical appraisal for medical accidents has a significant change. The appraisal organization is more definitely and the personnel selection procedure is more strict and transparent, all of which reflected the democratic style of work. This has positive significance to guarantee the fairness of the appraisal conclusion. But we must notice that the identification system still have some shortcomings.This thesis composed of four parts except introduction and epilogue. Part one; the author introduced the ZhangJiafu case briefly. Part Two, the author try to find out the root of the institutional problems from three perspectives. Part Three. The author introduced the present situation of medical disputes and medical malpractice identification in the United States, Britain and other countries and extracted advanced experience for reference. Part Four. The author puts forward corresponding solutions by compare.