Medical Malpractice Deficiencies In The System And Improvements

With the progress of society, the development of science, and also the continuous improvement of legal system construction in China, Chinese people's overall quality and legal consciousness have gradually improved. Due to the constant increase of people's awareness of self-protection and maintaining legal rights, in recent decades the incidence of medical disputes in our country has been greatly raised. Therefore, how to build a scientific and perfect technical authentication system of medical accidents, which also gets a high recognition of the whole community, becomes the focus of the society. In Regulation on the Handling of Medical Accidents, regulations about technical authentication of medical accidents have a greater breakthrough than those in Measures for Settling Medical Malpractice Cases. However, with the practice goes further and more deeply, current authentication system has some flaws in authentication institution, appraiser, authentication procedure, authentication certificate, and charge.This thesis is divides into threee sections on the basis of thorough explanation of the presently-excuted technical authentication system of medical accidents which is based on the Regulation on the Handling of Medical Accidents and Temporary Means of Technical Authentication of Medical Accidents and combined with their applied pratice. This paper give a systematic analysis of Deficiencies of Technical Authentication's Rules of Medical Accidents being used in our country and some advices to improve on.ChapterⅠintroduces some concepts and features of technical authentication of medical accidents. Technical authentication of medical accidents is organized by local medical association and Chinese Medical Association, and with an expert group formed by experts in clinical medicine and experts in medical jurisprudence, using medicine, law and other relevant scientific and technical knowledge to make test, authentication and judgment on the special issues of both sides of the medical doctor-patient through legal procedures, and finally providing conclusions of authentication. In China technical authentication of medical accidents has multiple attributes. In this Chapter we give a detailed discription for this.ChapterⅡlists the flaws in current technical authentication system of medical accidents, which are analyzed from five aspects: authentication institution, appraisers, procedures, certificates and charge. Because of the lack of adequate neutrality of medical association the medical association has not only a strong sense of administration but also the tendency of protection for industry interests. At ths same time because of the lack of legal knowledge of appraisers, and the use of collective authentication system and collective responsibility system in technical authentication of medical accidents, the appraisers could not have prudent attitude in dealing with authentication. Experts group members do not appear in court, which can not bring fully effective testimony for the conclusions of highly specialized technical appraisal of medical accidents. There are some unreasonable places in the launch of the first authentication and re-authentication process, and also the process of authentication, besides the technical authentication process lacks necessary supervision and the client's testimony for the authentication procedures. The writing of authentication certificate of medical accidents is very imprecise and the charge of technical authentication of medical accidents is too high. These reasons all increase the sense of no confidence on treatment and intensifies the doctor-patient conflicts.ChapterⅢputs forward some improving methods for technical authentication system of medical accidents. First, competition mechanism should be introduced and remote authentication system should be implemented, an independent appraiser system should also be established. Second, we should consummate the assist rules for authentication experts of medical accidents, and authentication appraiser of medical accidents should appear to testimony. Third, we should carry out personal responsibility rules, and put up supervision. Fourth, we should normalize the authentication procedures of medical accidents, adjust the conditions of re-authentication of medication accidents. Fifth, we should normalize the form of authentication certificate.