Establishment Of The One System For Medical Damage Identification

Medical dispute has been a hot and difficult problem in our society, when infringement of medical damage happens, often involving medical identification problem. Appraisal conclusion as one of the forms of evidence in the case of tort of civil litigation damage status is very important in the medical damage infringement cases. It clarifies the fact that the damage degree,the distinction between both parties responsibility size provides effective support for the judicial personnel. Medical damage identification conclusion fairness and accuracy rely on perfect medical damage identification system. But the current laws, regulations, the provisions is the lack of a clear, unified about medical damage identification system, especially in the process of identification, the problem of medical technical appraisement and forensic judicial authentication application, has been binary chaos for long time. After the implementation of the "tort liability act", medical damage identification system is expected to "unified" transformation and development, but in the independence of the authentication institutions, the eligibility of the appraiser and the reliability of the adopt of appraisal conclusion on issues such as shortcomings.At present, the academic circle for these problems are discussed in positive to find effective solution, scholars have put forward arguments that are different, the advice each have strengths also have insufficient, and the current our country law for the regulation of the appraisal system is still not perfect, so still need to constantly from all aspects of analysis and research to improve our current system effectively.This article on the basis of analyzing the current situation of the medical damage identification system of our country, drawing lessons from foreign related rules about medical identification system, combining the analysis of the case in the domestic various provinces and cities to perfect the medical identification system, proposed legislation about the legislation of medical damage identification system under the background of the tort liability act for our country, and it has a realistic significance. This paper is divided into the following four parts:The first part is about the research in the process of medical damage identification system evolution in our country before and after the tort liability law, and the analysis of the history of the current binary medical damage identification system and legal reasons. By making acomparison between the medical malpractice identification and the medical damage identification, analyze the advantages and disadvantages of two kinds of appraisal system.The second part is mainly to the analysis of existing problems in binary medical damage identification system. Study on the medical damage identification model, appraisal standard,constraint mechanism of expert witnesses and the imperfection of the medical damage identification program. Combining with the judicial practice, analyze the actual problems existing in the medical damage identification program.The third part is the introduction about foreign medical identification system. Study on abroad medical identification system for enlightenment of domestic construction of medical damage identification system.The fourth part is mainly for putting forward the basic train of thought about establishment of the one system for medical damage identification from four aspects, such as medical damage identification pattern, medical identification standards, standardization of medical damage expert evaluation system, and improvement of the medical damage identification program system.