| In the result of the complexity in medical practice and the limitations of judge’sknowledge, judges tend to rely highly on the specialists in the trial of medicalmalpractice cases. It is seriously affecting the fairness and authority of the judiciary.The gap between the doctor and patient in the medical professional knowledge put thepatient at a disadvantage when facing the lawsuit. The Expert Assistant can explainmedical professional issues for judges and help the patient question the medicalspecialist in the court. It’s really necessary to contribute an Expert System in medicalmalpractice case. And the Expert Assistant has been adopted in the civil procedure forseveral years. Since the System was used in the court, the Expert Assistant has playeda very important role in the professional litigation.In view of this, based on the situation of the system of the Expert Assistant System inthe civil lawsuits, the paper analyses the dilemma in the medical dispute lawsuits, tryto make suggestions on the construction of the Expert Assistant System in MedicalDispute Lawsuits.There are four chapters in this paper. Mainly discusses the value of the construction ofthe Expert Assistant System in medical malpractice case and the specific measures.Chapter One: This chapter is talk about the basic theory of the Expert AssistantSystem in the medical malpractice cases. Including what is the Expert Assistant, thefunction of the Expert Assistant, and the litigation status of the Expert Assistant.Chapter Two: In this chapter, I discussed why we need to build an Expert AssistantSystem in medical malpractice lawsuits, and the feasibility of the system.Chapter Three: This chapter is discussed the specialist systems of the differentcountries, such as the expert witness in America, the assessor in Italy and the assistantin Japan. We can get all the experiences we need in these systems.Chapter Four: The last part of this paper, I proposed advices on how to contribute thesystem of the Expert Assistant in medical malpractice cases, include who can be theexpert assistant, how and when to choose an expert assistant, the responsibility of theexpert assistant, the guarantee measures to make the Expert Assistant System runsmoothly and so on. |
