A Study On Medical Damage Appraisal System Based On The Tort Liability Law

Currently, medical dispute is a hot-button issue in China, which possibly results in the instability of society. The medical injury infringement cases have a significant proportion of these disputes. With the social development, technological progress and the elaboration of professional labor division, the expert conclusion, an independent category of evidence, has a significantly increasing influence on fact finding in medical injury infringement cases. Legal proceedings rely more and more on the specialized knowledge, experience and skills of the expert witness for the purpose of finding the facts. When putting the health management into practice, lack of equality presents in China's current appraisal system under the guidance of The Regulation on the Handling of Medical Accidents and the Judicial Expertise System. With the implementation of "the Tort Liability Law", the forensic system of medical disputes will play a more and more important role in medical malpractice identification system. There has been a chain of institutional changes in Chinese medical injury identification system. However, due to the medical profession, complexity and technology, the common forensic expert might not be competent for the identification of medical injury. The system of technical identification of medical injury remains as a system resource available. In this paper, theoretical analysis is conducted by comparing the latest information at home and abroad, the related laws and regulations and different appraisal systems acquired by literature searching. The drawbacks of current medical damage appraisal system in our country are pointed out in this thesis. After introducing the medical damage appraisal system in foreign countries, the importance of learning lessons from their expertise system reform is discussed. The suggestion of how to improve the medical expertise system in our country is put forward.