Medical Liability Identification System Research

"The Measure for Handling Malpractices" was enacted in 1987.However, it couldn’t play a normative role in dealing with medical disputes, because the medical disputes increased year by year caused by the so-called "Father for son" medical accident identification, then it fell into an embarrassing position. As a result, medical institutions have to pay for the compensation at a whopping price from time to time.In 2001,"the Rules for Handling Malpractices" was published. In the beginning, the medical disputes were handled in an manner orderly Along with the development of the society, more and more doubts turned up and the medical disputes treatments couldn’t step into a benign orbit as the administrant hoped: Medical accident identification was called "Identification between Brothers"; the wrangle phenomena among professional doctors happened; the relationship between hospitals and patients became even tense; the frequent personal threat to doctors resulted in hiring personal bodyguard for protection.This thesis discusses in the aspect of establishing the Medical Liability Appraisal System, hoping to help deal with the medical issues and develop the harmonious relationship between hospital and patients.This thesis includes four parts:Introduction and three chapters.Introduction:Questions proposed, Brief introduction of the current research and researching methods used in this thesis, the basic thinking and logical structure.Part one:Starting from the relative concept of the medical liability identification, this part expounds the historical revolution of the identification system, the status quo of the verification of medical malpractice and its coexistence with judicial identification to medical errors, leading to the inconsistent in identification standards, the applicable laws, the compensation and the count judge. In this part, the author also analyses two identification forms comparatively and expounds the initiative and limitations of them in order to comprehensively report the current situation of professional identification used in medical issues in China.Part two:the highlights. It expounds the basic principles applies in rebuilding the medical liability identification system; making the identification activity scientific, objective and have the law two abbey; giving consideration to both efficiency and equality; independent in favor of the just judge of the medical issues.Part three:Also the highlights. It expounds the reconstruction and improvement of the medical liability identification system in China.In the author’s opinion, medical liability identification system should be brought into the managing category of the unified judicial expertise system. This can conform to the trend of judicial expensive system’s reform.The third part expounds the establishment of unified medical liability identification system from the following five aspects:①Unified accrediting agency, unified entry criteria;②Unified managing system and entry criteria to appraisers;③Unified appraisal standards:unify medical care and routine; unify the basis for appraisal and the appraisal standards for disable grades in medical issues;④Improve and perfect the procedure of the identification from three aspects: national medical damage appraisers list should be made uniformly; randomly selected appraisers in national wide are permitted; unify the regulations of supplementary identification, reappraisal and whole-new appraisal procedures.⑤Improve and perfect the identified entity from two aspects:establishing perfect medical record copy system and putting the patients’right of copying all their records into effect; stipulating the copy time and scope.Point three in chapter 3 expounds the cross-examination and admission system used in appraisal conclusions. It discusses the count’s admission of the appraisal condition from three aspects:the appraisal has the duty to be questioned in court; the parties have the right to apply for "Export Witnesses" in court to help Party B bring a lawsuit and question the appraiser; "Expert jurors" should be introduced.Point four and five in chapter three extricates out of the medical liability identification itself and then analyses the origins of the dualistic professional identification. Establishing unified medical compensation standard and perfecting medical damage liability insurance system are also put forward in these two parts.