"Unified" Reform Design Of Medical Damage Identification System

In the?Notice of the Supreme People's Court on the Trial of Civil Cases of Medical Disputes in Accordance with the Regulations on the Handling of Medical Accidents?,the medical damage compensation cases are divided into two categories including medical accident damage compensation and non-medical accident damage compensation,and the"dualistic" standard of lawsuit of medical dispute cases,trial procedure,applicable law and the calculation of amount of compensation have been established.'Tort Liability Law' has realized the unity of the lawsuit of medical damage dispute cases and the law application,but it has kept the "dualization" of appraisal organization and the identification mode.The parties tend to choose the appraisal agencies which are favorable to them.Due to the different identification mode,it is the common occurrence that there is difference and conflict existing in the expert conclusion,which has caused the great waste of the litigation resources and the belated legal remedy for the parties.At present,the consensus of the reform direction towards the unified medical damage identification system has been reached,but there are differences on the specific path.On the basis of the all-round comparison of the two models including medical malpractice identification and medical fault forensic identification,the paper has put forward to regard the technical appraisal of medical accident as a template to keep the medical professional advantage,and improve the aspects of mechanism and procedure after absorbing the advantages of forensic medical malpractice.Based on the unchanged existing subordinate relations of the two kinds of appraisal organization and the competent department,the new identification system of 'one vertical,two horizon' shall be established,which is to unify the identification rules system to allow the independent identification between medical institution and judicial expertise institution.I hope that it can provide valuable reference for the reform practice.With the exception of the introduction and conclusion,this paper is divided into five parts.The first part defines the concept of "medical damage identification",sorts out the evolution of medical damage identification system in China from the perspective of the technical appraisal of medical accident,and analyzes the rationality and defects of the current "dualistic" appraisal system.In the second part,the two identification modes are conducted the comprehensive analysis and comparison from the theoretical and empirical point of view.The third part analyzes the different identification systems in the different countries(regions),puts forward the "unified" reform program of China's medical damage identification system,and makes an analysis on the technical appraisal of medical accident as the legitimacy of the reform template.Finally,the last two parts are to bring up the concrete suggestions for reform on the basis of the entity and procedure.