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The Dilemma And Outlet Of China's Medical Accident Identification System

Posted on:2019-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:L L CaoFull Text:PDF
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Medical care is related to human life and health.If a doctor-patient dispute is not resolved in a reasonable,fair,and timely manner,it may lead to fierce social conflicts and various medical emergencies emerge one after another.Medical accidents usually occur.All major media reports tend to favor the weak – the affected.Therefore,in the practical operation of resolving medical disputes,it is necessary to have a fairly fair and scientific appraisal system.The appraisal conclusion is that the judicial officers determine the medical prescription.Whether there is one of the main factual evidence of fault,fault and liability,the identification of medical disputes is the central link in resolving disputes between doctors and patients.After the “Medical Accident Treatment Measures” was promulgated in 1987,the Medical Accident Technical Accreditation Committee was highly administrative.It can be both a referee and an athlete and caused public dissatisfaction.After the “Medical Accident Treatment Regulations” was issued in 2002,the identification of medical accidents was mainly The Medical Association conducted the “Tort Liability Act” in 2010 after the formal implementation of the unified case and the issue of compensation.However,the identification of dualization continues to this day.“Medical Damage Identification”has become the preferred identification method for patients to maintain their civil rights and seek compensation.Should medical malpractice appraisal system be abolished or reformed? This issue has been a hot topic of discussion among scholars,experts,and practitioners in the legal and medical fields.In the actual trial operation,some local health administrative departments even suggested that the affected party conduct medical damage appraisal in order to obtain more infringement damages.In some areas,it is important to administer civil affairs and light administrative practices.Because medical care involves life and health,and the value of life is immeasurable,medical disputes have always been the focus and focus of the society;medicine is also evidence-based medicine,and doctors and patients have asymmetric information,and patients have higher expectations of medical outcomes.These values??are opposed to each other.The relationship between doctors and patients has always been quite tense.The fierce social events such as “killing doctors,” “insulting doctors,” and “wounding doctors” have emerged in an endless stream.Plus the media has made a lot of exaggerations,and where does the identification system for medicalmalpractice go?In addition to the introduction and conclusions,the text is divided into four chapters.The second chapter introduces the concept and characteristics of the medical accidents technical appraisal and the medical forensic appraisal,the difference between them,the historical evolution of the medical accident appraisal system and the formation of the dualization appraisal system,to understand the overall macro level of the medical accident appraisal system.The third chapter introduces the predicament of the medical accident technical appraisal system.At present,there are differences between the identification model and the identification method in each region of China.First,the author introduces the status quo of the dualization of the identification model.Second,the author introduces the problems of the medical accident identification system itself,which is why the author laid the ground for introducing the medical identification system.Foreshadowing,regarding the status quo of the dualization appraisal,the current central level has not introduced relevant laws and regulations,and then each region actively publishes relevant normative documents.In the predicament of localization,Jiangsu's medical appraisal model is relatively innovative and is currently "flowering As a result,it is elaborated.The fourth chapter introduces the model of the medical certification outside the domain and its institutional content and experience and enlightenment.The stones of other mountains can be used to attack jade.The author first introduced the medical identification system of the civil law countries Japan,Germany and Taiwan and the Anglo-American law countries United States and the United Kingdom.Second,the author has experience and inspiration,such as appointment system,employing other professional legal persons.With the participation of the public in the identification,to provide ideas for the reform of China's medical appraisal system.The fifth chapter introduces the outlet of the medical accident identification system.First of all,the author believes that the status quo of the binary system identification should be ended and the medical identification model should be unified.The author mainly introduces the necessity and establishment principle of the establishment,and the author establishes a unified medical identification system.It is elaborated on the concrete level.
Keywords/Search Tags:Medical Accident Identification, Medical Fault Judicial Identification, Medical Authentication Model
PDF Full Text Request
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