Discussion On The Uniform Structure Of Medical Damage Identification In China

Medical liability for damage cases occupies a considerable proportion in civil tort cases, however, the professionalism of the medical industry, particularity and medical technology level are constantly updated, most judges in the trial practice does not have this kind of judgment ability which is to judge medical process whether there is fault or whether there is a causal relationship between medical treatment fault and damage result instead of only requiring relevant experts to make an identification. Therefore, medical damage appraisal has become the key evidences to handle such cases and the finalized basis. But unfortunately, the infringement liability law put into force for more than a year, although the legislature has cracked the dual-track approach in the medical damage compensation which is troubled in the industry, medical damage appraisal normalization problems still exist due to medical damage appraisal system which is not match with the substantive law and no appraisal procedures and standards as well as different authentication institutions. This paper makes some discussions which is based on current status and building vision of medical damage appraisal so as to perfect the system of medical damage appraisal in our country.This paper is composed of three chapters except the introduction and conclusion.Chapter One defines the connotation of the medical disputes. It is clearly pointed out in this article which discusses that the start of the building of medical damage appraisal system is made by the narrow sense of medical disputes. Meanwhile, the paper has carried on the thorough analysis to the causes of medical disputes, pointed out that t it is of great significance in building unified, equitable and fair medical damage appraisal system to prevent alleviating the doctor-patient contradiction and further intensifying the contradiction.Chapter Two elaborates that the law in our country puts the positive influence on the unified construction of medical damage appraisal system, which has realized the unification on "medical injury" and unified the standard on compensation for personal injury. These good impacts will has a huge promoting role in building a unified, centralized medical damage appraisal system which is correspondent with "medical liability for damage" in the future.Chapter Three mainly analyzes the current situation of present medical appraisal system in our country, including the existing problems of the technical appraisal of medical accidents and medical judicial authentication, as well as the contrastive analysis of the two kinds of appraisal system. It expounds that unified medical damage appraisal system must be identified, since the dual appraisal problems have not been able to adapt to requirements of the spirit on the infringement liability law.Chapter Four is very important, which gives a detailed discussion on establishing the specific ideas of building medical damage appraisal system.It, and expounds worthy reference for our country law by analyzing two law systems of the British and American as well as continent about medical damage appraisal system so as to put forward my own specific ideas on building the unified medical damage appraisal system in our country.In the conclusion of this paper, it is the review of the full paper and future prospect. This paper exist many deficiencies for specific discourse of building the unified medical damage appraisal system. Hope you all to analyze and comment more.