The Research On Medical Dispute Appraisal Mechanism

In recent years, the cases of medical disputes increase rapidly, in2003January, the Supreme Court issued" on the Reference ' Regulations onHandling Medical Accidents ' Civil Cases of Dispute Notice", making provisionfor medical dispute proceedings involving medical specialized problemidentification, Namely after the implementation of the provision medicalaccidents compensation disputes litigated to the court should be identified bythe medical organization. Medical compensation cases which resulted fromother reasons and need to be appraised should be identified by the judicialdepartment in accordance with the" Provisions on the Administration ofForeign Entrustment of Judicial Authentication" organizational identification.Firstly this paper analyzes the present situation, solution and law continuationto show the reform emergency. Secondly, The paper analyses the advantagesand disadvantages of the two systems by the statements of their start,acceptance and identification. Technologically, experts on accidentidentification can judge the negligence and liability of the staff better accordingto the actual situation of medical behavior, objective analysis. But legally, it hasobvious defects, the rights and obligations of the identifiers are not clear,quality certificate are vague. The medical dispute identification should be morejust, fair and clear on the rights and obligations of the identifiers and the conclusion of the cross examination should be easier to exam from theperspective of the law. But from a technical point of view, identifiers lackenough clinical experience and skills for specific medical behavior is difficult tomake a scientific, objective, fair assessment. Finally, the paper attemptsthrough the combination of the two identification system advantages toexplore new identification method which can eliminate mechanism of dualidentification system and establish medical categories on judicialidentification, expert witnesses and wrongs tracing system.