Research On Basic Problems Of Forensic Identification Of Medical Damage In Psychiatry Department

Since the reform and opening up,the growing life and work pressure follows with rapid economic development in China.With the social competition pressure increases and the aging population,other social problems such as single-parent children,unattended children and empty nest aged people appear.The prevalence of mental illness has increased dramatically.About 173 million Chinese people suffer from mental disorders,91% of which,about 158 million people have never received professional treatment,about 16 million people suffer from severe mental disorders.And,in recent years,this number is still increasing.The prevalence of mental illness increased year by year,ranked first in the burden of the disease,accounting for about 20% of the total.WHO speculates that,by 2020,mental illness burden will account for 25% of China's total burden of disease.With the increasing prevalence of mental illness,Psychiatric medical damage cases also showed an upward trend.Mental illnesses lead to abnormal mental activity,such as perception,emotion,and thought,so people with mental illnesses encounter self-mutilation,suicide and hurt events.And some people with mental illnesses lack of insight,have no civil capability.So the legal issues involved in the medical damage in psychiatric department are more complex,situations are more changeable.When a case of psychiatric medical damage enters a litigation or mediation phase,judicial officials are difficult to judge it.They have to carry out medical fault and cause identification,so the trial of psychiatric medical damage cases requires the help of identification department.The "Tort Liability Law",which put into effect in July 2010,regulations medical damage liability adopt the principle of liability for fault(with few exceptions).The key to solve the medical damage cases is to comment medical behavior,analyze the relationship between the fault behavior and the consequences of the damage,and the degree of involvement of medical errors in the consequences of damage to determine the responsibility of medical units should bear.However the judicial identification of medical damages still has a lot of problems,for example,the identification experts lack the professional knowledge,multiple identifications for one case,no uniform operating specification,no excellent judicial expertise system,and so on.The research is based on a number of identifications cases of medical damage in psychiatric department and literature,studies psychiatric medical damage forensic identification.It points out the problems in the practice of judicial identification of psychiatric medical damage,such as person who should apply forensic identification,the qualification of judicial authenticators,criteria for identification,following with suggestions.This report provides exact and effective methods for forensic identification of medical damage cases,in order to make expert opinions more scientific and accurate,improve quality of identification.