Medical Damage Appraisal Studies Judicial Practice

In the Chinese health service management system and specific practice, problems in identification system" two element " of the phenomenon,’ Regulations on handling medical accidents" and judicial identification system, allowing the identification of lack of fairness problem. Along with the" tort liability law" carry out, some scholars believe that the judicial identification in medical damage identification plays a more and more important role. Based on the medical professional, complexity and technical, medical damage identification is not generally equal to the identification of forensic work, the medical malpractice identification system is still an available system resources. The article based on the method of literature retrieval, access recent authoritative research and information on the identification system of laws and regulations, a comparative research method of theoretical analysis. Through the discussion of China’s current legal system of medical damage identification of defects, in the conditions of our country, the current law system on the basis of analysis of consideration, for our current medical damage identification to further improve the legal system and put forward the corresponding suggestions and ideas.This thesis mainly launches the elaboration from three parts: The first part of our country medical damage identification system author. This part mainly introduces our country medical disputes identification system current situation analysis of tort liability law,"" before and after different identification system, and the identification of medical malpractice and medical damage identification of two kinds of identification system for comparison, analysis of two kinds of identification system comparison. This part is divided into three parts:(one) before the implementation of the law of tort liability of medical damage identification system;(two) the tort liability law after the implementation of medical damage identification system;(three) two current medical damage identification system comparison.The second part of the medical damage identification system problems in operation. The main part of the medical damage identification system in the identification of mechanism and identification of staff independence and identification of body of unity, and pointed out that the current medical damage identification procedures in the presence of several issues. This part is divided into four parts:(one) medical damage identification mechanism lack of unity;(two) Medical Association as an identification mechanism medical damage identification of independence (three); medical damage identification conclusions in civil action application (four) medical damage identification system specific problems in operation.The third part medical damage identification system conception. This part mainly combine the national condition of our country and my trial experience, and to our country medical damage identification system and medical damage is the procedural problems put forward judicial countermeasure. This part is divided into three parts:(one) the construction of unified medical damage identification system;(two) protection of medical neutrality;(three) medical damage identification system.