On Perfection Of Medical Malpractice Identification System

Since the incident of malpractice dispute affects significant,it attracts much attention. As the highly professional technology of the medical profession ,judege decides the case mostly relies on the incident of malpractice technology conclusion. How the judge examines the conclusion affects the referee. So it is necessary to establish the reasonable incident of malpractice technical appraisal mechanism to safeguard the rights and interests of patients and the hospitals.In February, 2002, State Council released " Processing incident of malpractice's rule ", the Sanitary department had issued" Interim Measures of Appraisal of the Medical Accident"in the same year, in order to assure the objectivity and the fairness of the appraisal. But in the judicial practice, the present appraisal system of medical accidents is still hard to link up with the civil action system.Therefore, this article attempts to analyze the flaw of the system from the lawsuit legal science angle ,causes it to further link up with the civil action system.This article makes the discussion to the system of incident of malpractice technical appraisal's essence and the development process in the foundation, has analyzed the insufficiency of present incident of malpractice technical appraisal system ,which in the expert, the evaluation program and the appraisal conclusion , and further proposed some suggestions on establishing coordinated mechanism.This article is composed of two parts, the foreword, the main text, and the main text is divided three chapters. The first chapter summarizes general situation of incident of malpractice technology system. The author believed that the incident of malpractice technical appraisal means that the healthy agency, the litigant, legal institution apply for the expert who appointed by the medical society, and the expert utilizes the special knowledge, the experience and the skill, to get comments or conclusions.The second chapter analyzed the present incident of malpractice technical appraisal system's flaw and insufficiency. First, expert intelligence Stipulates not perfectly; Expert's certain rights lack the safeguard, certain duties have not obtained the practical fulfillment; The incident of malpractice technical appraisal's legal liability also lacks standard. Second, the litigant'right to start the procedure is limited; it needs to enhance the appraisal quality in the first time; the appraisal process lacks litigant's confrontation and debate; appraises once more lacks the procedure standard. Finally, the testimonial form need to be improved; the appraisal conclusion's examination also has the realistic flaw.The third chapter proposes conception to make the incident of malpractice technical appraisal system better. In view of the system's insufficiency ,the charpter gives some suggestions. At present, the doctors also have the pressure. The Medical establishment need to improve the medical care quality comprehensively, reduces the medical dispute. Besides, when the medical dispute occurs,how to fairly safeguard the medical personnel, Medical establishment's legitimate rights and interests still need to explore. In the harmonious society , this article also proposed measures how to restablish the coordinated mechanism under the present system...