The Research On The Operating Mechanism Of Medical Damage Appraisal

The social economy and living standard has been developing rapidly.The public consciousness of health and law has been rising.The requirement for quality of medical service and behavior has been increasing.With the above-mentioned reasons and the influence of doctor-patient communication,medical ethics,social credit and public opinion guidance,the growing number of disputes over medical to damages is becoming the hot issue from the perspective of all sectors of society in recent years.Due to the specialization of medical behavior,it needs to be appraised by experts to determine whether there exists damage.Therefore,perfecting the operating mechanism of medical damage appraisal plays a key role in solving medical disputes successfully.Especially after promulgating Tort Liability Act in 2010,it achieves unity that medical tort damages are simplified as the norm “medical damage” in substantive law application.However,the appraisal issue which has not been involved in the law and not unified operating mechanism in practice make the operating mechanism of medical damage appraisal draw greater social concerns.What urgently needs to be solved is establishing an efficient,fair and equitable operating mechanism of medical damage appraisal in the public administration field.There are 5 parts in this paper: First,it will generally introduce the research background and significance,and review the domestic and foreign research situation of operating mechanism of medical damage appraisal.Research contents,frame,method and innovation will also be introduced in this part.Second,it will lay a solid theory foundation by defining the concept of operating mechanism of medical damage appraisal and giving Public Service Theory,New Public Management Theory and Public Crisis Management Theory.Third,it will summarize domestic experiences and enlightenment through comparing and analyzing the operating mechanism of medical damage appraisal in Taiwan Province of China,Japan,Germany,Britain and U.S.A.Fourth,taking operating mechanism of medical damage appraisal in Tianjin as the case,it will analyze the achievements and defects which include unreasonable settings of appraisal organizations,unsound pool of medical experts,nontransparent appraisal procedures and low credibility of appraisal conclusions.Fifth,with practice and enlightenment from foreign experience,it is targeted to raise countermeasures and recommendations as follows: setting independent management mechanism of appraisal organization,selecting experts and building restraint mechanism strictly,perfecting working mechanism and strengthening supervision mechanism of appraisal process.