The Research On The Restart Of Medical Damage Appraisal In China

Health is the basic requirement for the all-round development of individuals and even the country,and it is also the basic factor for the promotion of social productivity.It is of great significance to unblocked the channels for solving medical disputes to safeguard people's right to seek medical treatment and maintain medical order.At present,there are enough laws and regulations to regulate medical damage identification in China.However,due to the strong professionalism of judicial identification,there are still some problems in the application of judicial identification procedure in litigation.First,the abuse of the priming right of re-appraisal.The court has greater discretion in starting the re-appraisal procedure.It is easy to start the re-appraisal procedure at will,resulting in repeated appraisal,weakening the credibility of the appraisal,complicating disputes in cases and wasting judicial resources.Second,the difficulty of evidence validity and acceptance brought by re-appraisal,and the conflict of evidence easily caused by multiple appraisal opinions.Increased the difficulty of admission of court evidence,making the facts of the case more complicated and confusing;Third,under the dual-track system of medical damage identification with Chinese characteristics,if the coexistence of technical identification of medical malpractice and judicial identification of medical damage occurs,it is easy for the court to choose evidence,resulting in litigation deadlock,which is not conducive to the proper resolution of the contradiction between doctors and patients.How to ensure that the opinions of judicial expertise conform to the "three characteristics of evidence" is an important proposition for the application of such evidence in China's judicial procedure.Forensic expert opinion is first of all an expert's objective judgment and answer to the evidence facts according to his professional knowledge.It still has certain subjectivity and level differences.In the process of approaching the facts,ensuring the objective authenticity of forensic expert opinion is the first step.In addition,under the special background of the dual-track system of medical appraisal in China,how to deal with the effectiveness and conflict of different kinds of appraisal opinions is also one of the difficulties in dealing with medical damage disputes.This article chooses Xu Mou v.a hospital medical damage dispute as the breakthrough point,and points out some problems in the process of displaying the tortuous case development,including case analysis,literature analysis,induction and deduction,and price comparison.This article is divided into five chapters: Chapter 1 carries out case analysis and focus sorting,and summarizes relevant issues while introducing cases and relevant systems;Chapter 2 and Chapter 3 are the core issues of this case,namely,restarting medical damage appraisal,including the conditions of restarting and the validity and acceptance of original appraisal opinions after re-appraisal;Chapter 4 is the extension of this case.Problem analysis,directly facing the problem of double-track system of medical malpractice identification,analyzed the evidential effectiveness of technical identification of medical malpractice,and the acceptance of medical malpractice identification when there is a conflict between the effectiveness of technical identification of medical malpractice and judicial identification of medical damage;Chapter V,for the suggestion of improving the restart system of medical damage identification,conceived a unified standard of medical damage identification and standardized identification management.Through the discussion of this article,I hope it will be helpful to improve the legal application of medical damage appraisal in China.