The Perfection Of Damage Appraisal System And Compensation Standards On The Compensation For Medical Damage

In the past, Chinese medical workers were hailed as " nurse in white ". But inrecent years, as a series of beatings, injuries and other bloody violence against medicalworkers occurred, their career has become one of China’s new high-risk industries.For the three parties in government, health professionals and patients, the appearanceof this situation, is a lose-lose result. In order to curb such incidents of violenceagainst medical personnel, the Chinese government launched “the opinion onpunishing medical-related crimes to maintain the normal medical order” and a seriesof measures. While the author believes that, it is more important for us to improve andperfect the legal system of the resolution mechanism on medical disputes. In particular,the two core mechanisms, namely medical damage identification mechanism andmedical damage compensation standards, the main causes that lead to medicaldisputes, should be improved as soon as possible. The legislature should clarify thetwo mechanisms as soon as possible, which are not explicated in “Tort Liability Law”.The highest judicial organ shall make a corresponding judicial interpretation on it,which should be more detailed and more operational in the lower courts. In turn, itwill lead to the establishment of an efficient, fair and reasonable resolution system tomedical disputes. Eventually, it will help to eliminate the causes of doctor-patientcontradiction, and promote harmonious doctor-patient relationship.