Study On The Legal System Of Expert Evaluation Of Medical Malpractice In China

Technical appraisal for medical accidents is to deal with the important basis of medical disputes, is the core issue of malpractice dispute, is the crux of the medical malpractice dispute. Because of technical appraisal for medical accidents system in legislation and judicial on pivotal status, China has promulgated the medical accidents disposal method , the technical appraisal for medical accidents such as the provisional measures on the administrative regulations and administrative rules, and judicial explanation. Nonetheless, system of technical appraisal for medical accidents in judicial practice still show many shortcomings, for example, technical appraisal for medical accidents and medical injury and judicial authentication versus dualization phenomenon, appraisal subject neutrality insufficiency, the judges the lack of necessary legal knowledge, appraisal conclusion of cross-examination lack of expert advice, etc. In 2009, the tort liability law by medical damage behavior the concept of unity in malpractice and the malpractice of the general medical damage behavior, all health damage behavior all shall, according to the provisions of the tort liability law gives compensation, solve the problem systematically normalize" compensation ", but the tort liability law is not about medical damages dispute to identify problems made any stipulated that "appraisal systematically normalize" problems not only effectively solved, and faced with technical appraisal for medical accidents marginalized, medical injury and judicial authentication sing one-man situation. Therefore, this article takes the malpractice of the concept of theoretic base and combining the tort liability law concerning medical liability in our country, the relevant provisions of the system of technical appraisal for medical accidents on the current situation of system demonstration, we suggest that at present stage adopts technical appraisal for medical accidents and medical injury and judicial authentication parallel system selection mode of our country in the future, establish unity of medical treatment fault appraisal system do transition. In order to make the system design is practically feasible, from the technical appraisal for medical accidents subject, identification procedures and appraisal conclusion three aspects presented some specific recommendations, hoped through the mode of system operation, making medical disputes get more efficient, fair solution, in society as a whole range of harmonious doctor-patient relationship.