A Study On The Medical Damage Appraisal System In China

The responsibility of medical damage liability involves with the medicalprofessional and technical issues. It needs scientifical evidences to pinpoint theresponsibility. In the process of deciding the responsibility of medical damageliability, the appraisal of medical damage becomes very important. A fair andscientific medical damage appraisal system becomes one of the major influencingfactors in the identification of the responsibility in medical damage liability.Currently, there are two medical damage appraisal system in china. One is thetechnical appraisal approach on medical malpractice developed by the Chinesemedical association. Another is the judicial approach on the medical damageappraisal system issued by our judicial organization. These two system areinadequate in various aspects. The coexistence of these two system make the handleof medical malpractice cases even harder. After the issuance of “the law on legalright violation” there are various judicial guidelines on the trial of medical disputeand technical appraisal on medical damage issued by local higher courts. It is notalways consistent between the actual practice and the regulation in these documents.Therefore, it is necessary to develop a medical damage appraisal system whichconforms with the stipulation in the “law on legal violation”.This thesis propose that the strength on both the medical malpractice appraisalsystem of the medical association and the judicial appraisal system on medicalmalpractice should be adopted. To obtain a legal qualification, the Chinese MedicalAssociation should apply to the judicial administration to set up a professionalorganization in medical damage appraisal. This organization should adopt the judicialappraisal model to develop a consistent, fair and independent medical damageappraisal system. This system will combine the current professional and scientifictechnical appraisal system in medical malpractice with the nurtural and open judicial appraisal system in medical malpractice trial. Our country needs to issue a “detaildirection in medical damage technical appraisal system” to unite the differentstipulation in various locality, to perfect the medical damage technical appraisalsystem in our country.The main contents in this thesis are as follows:1. Introduction mainly describe the research background and significance of thisstudy, and the literature review of current domestic and foreign study in this field, aswell as the issue to be resolved by this study.2. The current condition on medical damage appraisal system in our country.There are two medical damage appraisal system in our country. Their legal regulation,implication and characteristics, strength and weakness, legal basis, staff andorganization were described and compared.3. The comparative analysis of the local judicial guideline. The issuance of legalguideline in the trial of medical damage liability dispute cases by the superior courtsin Beijing, shanghai, guangzhou, zhejiang, jiangsu, anhui, and xinjiang werecompared and analyzed in their names, the appraisal organizations, the initiation ofappraisal, the submission of appraisal material, the professional background of thestaff, the evidence of the damage caused by the medical malpractice, and the writingof appraisal opinion,4. To develop an united medical damage appraisal system. Based on currentmedical damage appraisal system in our country and the comparative analysis ofmedical damage appraisal system in the foreign countries, and the various localjudicial guideline after the issuance of “law on legal right violation”, this thesispropose a medical damage appraisal system which will be uniformed in theinstallation of appraisal organization, the qualification of appraisal staff, the appraisalprocedure, the mechanism for tracing the responsibility and the moniter system.