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Reconstruction Of Medical Appraisal System In China

Posted on:2020-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
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The treatment of medical disputes is a combination of the two majors of medicine and law,which are characterized by professionalism and complexity.No matter which way to resolve the medical dispute and clarify the responsibilities of both parties,it is usually necessary to conduct an appraisal.Therefore,the medical identification system is of great significance for the handling of medical disputes.For many years,the most striking feature of China's medical appraisal system is the "dual track system" in which medical malpractice identification and medical damage judicial appraisal are parallel.The technical appraisal of medical malpractice refers to the appraisal activities carried out by the medical associations that are jointly entrusted by the doctors and patients or the health administrative department to take the initiative or receive the application of the medical accidents.The medical damage judicial appraisal is the relevant judicial appraisal activity entrusted by the parties when handling the medical damage liability dispute in the lawsuit.The Medical Disability Prevention and Treatment Regulations,which was implemented on October 1,2018,set up medical damage identification.Medical damage identification means that the client entrusts the medical damage appraisal organization to organize relevant experts to determine whether there is medical fault,the consequences of the patient's damage,the medical malpractice and the medical damage,whether there is a causal relationship or a medical fault in the dispute between the doctor and the patient due to the medical treatment activities.Conducting professional technical judgments on specific issues such as the degree of responsibility in the consequences of medical damage,and providing the client with an opinion of the appraisal.According to the regulations,medical damage identification is completely independent of medical accident identification and medical damage judicial identification.Therefore,the current medical appraisal system in China is in the "three-track system" of medical accident technical appraisal,medical damage judicial appraisal and medical damage appraisal.The three identification modes are parallel,leading to confusion in China's medical identification system.The three identification models are different in terms of identification subject and identification mode,and all have obvious drawbacks.In terms of identification mode.The inconsistent identification of the three identification modes leads to different opinions,the compensation standard for medical accident technical appraisal is lower than the compensation standard for judicial interpretation of personal injury compensation applicable to judicial appraisal,and there is no relevant regulation for medical damage appraisal,Different provinces and different authentication modes have different compensation standards,resulting in"same price difference",local medical identification systems are not uniform,judges rely too much on appraisal,neglect to review appraisal opinions,and have the suspicion of transferring jurisdiction.In terms of identifying subjects.The main body of medical accident technical appraisal is the local medical association.Therefore,the appraisal opinion will be questioned by the lack of neutrality,and there will be a phenomenon of "medical doctors and nurses" among local medical workers;the appraisers who conduct the appraisal have no obligation to testify in court.This kind of practice violates the relevant provisions of the evidence rules of China's procedural law;at the same time,it stipulates that the medical association will have a collective responsibility system for appraisal opinions.This regulation is likely to cause mutual responsibilities between medical institutions and personnel.The main body of medical damage judicial appraisal is the judicial appraisal institution,which carries out forensic judicial appraisal.Because forensic medicine is different from the complex and professional clinical medicine,the forensic worker's "external appraisal" lacks professionalism;the medical damage appraisal subject is The medical damage appraisal institutions,namely the medical association and the judicial appraisal institution,take into account the neutrality and professionalism of the appraisal subject,but are limited by the nature of the appraisal before the medical damage appraisal.The identification of the three identification modes is different,which leads to the lack of scientific and neutrality in the identification opinions.Repeated identification often occurs and wastes judicial resources.Therefore,the theoretical and practical sessions have called for reform of the existing medical identification system.In view of the current problems in China's identification system,we draw on the relevant legislation of countries and regions outside the region,and put forward some reasonable suggestions for the medical identification system based on the actual situation in China.First of all,in terms of the identification mode,it is suggested to establish a unified medical identification system and establish a "monorail system" identification mode.We will unify the content of appraisals,unify the compensation mechanism for appraisals,set up medical courts,hire medical consultants,and improve the right of judicial review.Secondly,in the subject of the appraisal,it is suggested to set up diversified appraisal subject,strengthen the neutrality and professionalism of the appraisal subject,standardize the obligation of the appraiser to testify in court,and improve the accountability system of the appraiser.
Keywords/Search Tags:Medical accident technical appraisal, Medical damage judicial appraisal, Medical damage appraisal, Medical appraisal system
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