Dualistic Forensic Study Of Medical Malpractice

Medical disputes and conflicts between doctors and patients is the current hot issue of society, and to solve this problem requires a relatively complete medical identification system." Tort Liability Act" as a legal entity, it is difficult to identify system problems such procedural law to do specific provisions. Some judicial interpretation of the legal system and the current Supreme Court issued a common cause chaos in our health care system identification, dual identification is a waste of judicial resources, reducing the efficiency of the judiciary, is not conducive to the settlement of disputes between doctors and patients. So to build a sound medical identification system is necessary. Defects Medical Malpractice is a qualification procedure injustice, identification of bodies is not neutral, appraisers are not independent, expert witnesses can not appear in court, expert for lack of legal knowledge of legal thinking and so on, there are more problems greatly affect on the expert conclusion admissible; then the main problem is the presence of those who were unable to competent forensic highly professional, medical appraisal complexity, technical, conclusions made by the lack of science. Related case to the Department of expert conclusions, the judge is the expert conclusions as scientific judgment or just use as evidence, should have the corresponding theoretical support. From this perspective, medical malpractice identification system in China still has many problems, reform and improve the identification of this dualistic situation, establish clear identification system is necessary.