The Analysis Of Medical Accident Identification And Medical Fault Identification In The Medical Damage Liabuity Disputes

Medical damage liability disputes is a special kind of infringement in the field of civil litigation, has been the emphasis and difficulty in the people’s court. Because of these kinds of disputes has professional technical, complexity and practicality, the judges are all so lack of medical knowledge and clinical experience that is difficult to determine whether the medical care behavior easily at fault and fault is located. Medical damage appraisal plays an important role in such dispute, has further research value and practical significance. The tort liability act and the supreme people’s court about applicable < the tort liability law of the People’s Republic of China > some problems of notice didn’t form a unified medical damage appraisal system. Still didn’t put an end to still our medical accident appraisal system and medical treatment fault identification system chaos. Reform of the medical damage appraisal system is imperative.This article from the perspective of a judge, researching on Mr Li v. municipal hospital medical liability for damage.Comparing doctors and patients around different medical damage appraisal to apply for this controversy. Through the comparative analysis of medical accident appraisal system and the advantages and disadvantages of medical fault identification system. Designing is put forward under medical treatment fault identification of the case should be not medical accident appraisal conclusion. But due to medical treatment fault identification judicial authentication opinions is not scientific, the disadvantages of injustice, seriously affect the judicial judgment result is scientific and impartiality. But medical treatment fault identification by the judicial authentication institutions are still not the best choice for this case. Finally, the author further analysis of the current legal norms, measuring the doctor-patient conflicts of interest on both side, proposing by the idea of the identification as the main body of medical fault identification. In conclusion, the paper puts forward to establish the identification for the main unified medical damage appraisal system, and proposed the corresponding system solutions.This article mainly uses the case analysis, comparative analysis and empirical research method, choosing namely common disputes in judicial practice are analyzed. To reveal the current normalize the medical damage appraisal system all can’t meet the needs of the trial. Medical damage appraisal system of procedural defects directly affect the nature of judicial justice. Calling for setting up the main body of the unity of medical damage appraisal system rapidly. In order to improve the quality and efficiency of medical damage the judicial authentication opinions, promote the medical damage effectively solve the disputes and harmonious doctor-patient relations stable and healthy development.