Study On The Analysis And Countermeasures Of The Medical Malpractice Identification

In the process of solving medical disputes,Medical damage appraisal oftenplays a dominant role during the trial，whose equality and Scientology becomes thekey if medical disputes can be smoothly solved.At present，when putting the healthmanagement into practice, the actualization of the medical damage appraisal systemand the lack of equality is still a challenging issue faced by the medical damageappraisal in our country.This thesis tries to build an unified and objective medicaldamage appraisal system through researching the medical damage appraisal relevantconcepts and drawing lessons from foreign related system.In the thesis,theoretical analysis is made by comparing the latest information athome and abroad, relevant laws and regulations and the different evaluation systemsthrough the literature searching，to provide beneficial reference for the currentmedical damage appraisal system.The thesis mainly launches the elaboration from four parts. The second and fourdepartments is the core section.The first part mainly introduces the related concepts of medical damage appraisaland the The development of medical damage appraisal system in our country.The second part mainly analyses the problems existing in the medical damageappraisal system in our country, which is related to the current medical damageappraisal model, appraisal institutions, identification and evaluation procedure,etc.Mainly includes two aspects that the dualization of the medical damage appraisalsystem and the lack of medical damage appraisal safeguard mechanism.The third part introduces the Anglo-American law system and continental lawsystem’s different medical damage appraisal system.By comparing foreignidentification system’s the advantages and disadvantages so as to find out theimprovement in the physical therapy place worthy of learning on the damageidentification system.The forth part mainly makes some recommendations.Through analysis of existingviews and according to the defects of current system, perfect suggestions are put forward from the relevant laws and regulations, the appraisal subject, appraisalprocedure and relevant auxiliary system.The innovation of this paper is that the medical technical appraisement about thepart of civil tort compensation from a merger with medical treatment fault of judicialauthentication institutions set up a new identification—Medical damage appraisalinstitutions. The agency is independent of the public health administrative departmentand the judicial administrative department, with the strict audit and approval process,the articles of association of the detailed rules,besides,the rest of the medical technicalappraisement function remains. To the expert panel, in order to establish a more justand perfect medical damage appraisal system, we can select the experts of the judicialauthentication institutions specialize in medical damage appraisal into expert databasewhich is on the basis of the existing medical organization’s expert database.