A Study On The Mode Of The Liability Of The Medical Damage Identification

Along with the " tort liability law " carry out formally, the technology identification of medical accident and justice identification of medical mistakes are collectively referred to as medical damage identification. But due to not publish the related judicial explanation, how to choose and construct the liability of the medical damage identification model to become the academic circles and the focus of attention of the public.In order to explore and build up our liability for medical damage identification model, firstly, this paper introduced the present the technology identification of medical accident and medical fault judicial identification of two main medical appraisal pattern development situation, historical evolution, analyzed existing problems, summarized two kinds of different identification models coexist the identification mode selection of chaos, appraisal conclusion maintains a standard of compensation, not adopting the conclusion, identification of a defect, introduces the negative influence.Secondly, through to two kind of identification model of advantages and disadvantages between analysis and present controversial academic point of view, on the one hand, the technology identification of medical accident, elaborated in the professional staff, program specification, high efficiency, low cost of the advantage of four respects, pointed out the main body in the identification of impartiality, internal identification, identification of human responsibility problems; on the other hand, in the justice identification of medical mistakes, elaborated it in the identification, identification of human performance accountability strong advantage, also pointed out that the judicial identification of medical professional knowledge limitations, appraisal procedure is relatively loose and identification mechanism hasten interest sex significant problems. At the same time, the current academic debate more respectively to the technology identification of medical accident and medical juridical fault identification based on medical damage identification model of mainstream academic viewpoints were introduced respectively the selection.Subsequently, investigation of the current situation, through to the present domestic regional medical damage identification system an introduction of the current situation, summed up the most areas are more inclined to choose to the Medical Association of technical appraisal of medical accidents based on medical damage liability identification model, to better protect the appraisal conclusion is scientific, professional and authoritative; the data investigation, through to the Chengdu medical technical appraisal of medical accidents concerning investigation statistical analysis of data shows, the technology identification of medical accident in the complete identification of cases, constitute malpractice cases, accident rate all presents growth state, did not appear some experts expected identification of status and recognition of undercut. From the reality of the situation and objective data two aspects reflect the technology identification of medical accident as liability for medical damage identification model based on the feasibility and advantage. Again, based on the United States, Germany and other foreign medical damage liability identification features analysis and comparison, concentrated reflection of medical damage liability identification expert system prominent role and physicians as experts in the identification of human’s subject status.Finally, put forward to build the technology identification of medical accident based unified liability for medical damage identification model, and experts in the plurality of sources, strengthen supervision mechanism, determine the appraiser obligations it puts forward concrete countermeasures and measures.