Perfection Of The Identification Of Medical Mistakes In The Process Of Doctors' Implementation Of Diagnosis And Treatment

In the current situation of medical liability liability disputes rising year by year,and the sharp contradictions between doctors and patients,the identification of medical faults in doctors' treatment behaviors in China is fragmented,and it is difficult to meet the judicial needs of courts.Judgment methods at different places use different methods of identification.The phenomenon of different judgments in the same case is not uncommon.In order to solve this problem,the Supreme Court issued the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Liability for Medical Damage Liability"(hereinafter referred to as the "Judicial Interpretation"),although this explanation has many refreshing innovations.However,a complete medical fault-finding system has not been fundamentally established,and the current chaos will continue.The most important problem is that the court used medical management,diagnosis and treatment norms,and appraisal opinions as an alternative or absolute standard for identifying medical negligence,distorting the original intention of medical fault determination,and causing the doctor to consider the sentence to be too harsh,while the patient considered the court favoritism.With the medical side,the judges were caught in two difficulties and their judicial credibility was severely damaged.Based on the above situations and the typical cases in judicial practice,the author analyzes the reasons and adverse consequences of the judges' actions.From the perspective of the trial,he puts forward his own suggestions for improvement.Comparing the common practices of the two major foreign legal systems,we should reconstruct the current abstraction recognition standard,that is,the behavior of an imaginary rational doctor under the current circumstances as a reference object,and consider comprehensive case differences.At the same time,it should be supplemented with less stringent requirements.The objective basic identification method allows the medical side to overturn the faulty conclusion with strong evidence and establish a more complete system for the identification of medical errors.In addition,it has improved the indispensable medical damage assessment tools in thecase,such as the issuance of the "Implementing Rules" and the establishment of the qualifications of the appraisers.The system,improvement of appraisal procedures,etc.,become the supporting system for the above-mentioned system.