The Research Of Medical Damage Identification In Our Country

The court judging a dispute or a case should be based on the case of illegality, harmful, the causal relationship between the injurious and medical conduct, and the consequences of attending a causal relationship between doctors and patients of both the size of fault liability, damages and other factors. The medical malpractice is involved in much medical expertise;therefore, the identification of liability plays an extremely important part in the solution of medical indemnity dispute. Whether the identification of the conclusions of medical damage liability is accurate or not will directly effect on the decision of the court. In our country, the current method of identification in medical disputes is divided into two ways: the one is that the medical malpractice disputes identified by the medical malpractice association and the other medical malpractice disputes are identified by the judicial organizations. Medical malpractice identification system and judicial medical fault identification system depend on different laws and co-exist in the judicial practice. Due to the different identification system existing in different institutions lead to the dual pattern in the medical malpractice liability identification system. The laws and regulations adjust the two systems, which make the identification institution and identification procedures not uniform. They both have advantages and disadvantages. Sometimes the different institution’s identifications lead to differences in content or even contradictory conclusions. Therefore, in the judicial practice, the identification appears to disorder phenomenon and confusion resulting in different identifications, repeated identification. Undoubtedly, it not only increased the burden on the parties, but also increased the cost of the hospital.In this paper, considering the professional of the identification institution and the legitimacy of the procedure, balancing the interests between the hospital and the patients, analyzing the system of identification of medical malpractice liability and the current situation in judicial practice, knowing about the relevant witness system and judicial system from foreign countries, analyzing its advantages, summarizing the deficiencies in our medical identification system.and then proposing some suggestions for our medical identification system. In addition to the introduction and conclusion, the paper is divided into four chapters:...