Research On Appraisal In Medical Malpractice Cases In China

Medical disputes involving the highly professional medical knowledge,how to an objective and fair,timely to that of medical damage,distinguish right from wrong and size,as the lack of professional medical knowledge is difficult to solve the problem of the judge.Medical dispute appraisal is often,therefore,the court in dealing with medical disputes in the process of a very important link,is also the judge make a fair and reasonable decision of an important basis.Medical dispute appraisal in our country,however,has long been present and of technical appraisal for medical accidents medical treatment fault phenomenon of double-track judicial appraisal,the tort liability law,double track status of medical dispute appraisal still not been solved effectively,but alienation for the new double-track phenomenon.Medical dispute appraisal of double-track lead to judge,appraisal procedures,appraisal basis,such as not unified,even the final evaluation,it certainly damage the fairness of identification and more damage to the judicial authority.This article as a starting point of distribution of evidential burden in medical disputes,emphasized the importance of medical dispute appraisal,and points out that medical dispute appraisal in our country long-standing phenomenon,are applicable on medical dispute appraisal double-track incarnations,analysis of its adverse effects.At the same time points out the existing lawsuit of medical dispute appraisal opinion formation and the use of medical dispute appraisal opinions on the problems existing in the.On this basis,the q it puts forward the model of integration of the existing two kinds of identification,to establish a unified medical dispute appraisal system,strict medical disputes the surveyor to entry qualifications,improve the system of expert witness to appear in court in medical disputes,strengthen medical expert auxiliary function,and improve the judge to review of medical dispute appraisal opinions,in order to overcome some chaos phenomenon in medical dispute appraisal.