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Improvement Of Medical Damage Identification System

Posted on:2020-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:P F LiFull Text:PDF
GTID:2416330578955126Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Medical damage appraisal is a key issue in the identification of medical fault.At present,the appraisal system of medical damage in our country is a "idealistic" model,that is,the judicial appraisal model of medical damage and the technical appraisal model of medical malpractice.In December 2017,the Supreme People's Court promulgated the Interpretation of Several Questions of the Law Applicable to Hearing Medical Damage Liability Disputes by the Supreme People's Court and the Regulations on the Prevention and Treatment of Medical Disputes in August 2018,which stipulated the specialized issue of medical damage identification,defined the concept and content of medical damage specialized problem identification,and clarified the causal relationship of the identification conclusion.The classification requirements and procedural requirements of the Department are of great significance to the identification of medical damage.However,because the regulations are too principled and vague,and do not fundamentally solve the problem of"actualization" of medical damage identification.There are great differences in many aspects between the two different identification modes,resulting in the confusion of medical damage identification.At the same time,the court lacks the effective examination of expert opinions,the system of expert witnesses and expert assistants appearing in court is not perfect,and many other problems have not been solved and improved.There is still a lot of room to improve the system and content of medical damage identification.The full text consists of four chapters.There are five chapters in this paper.The first chapter is an overview of the theory of medical fault identification,pointing out that the standard medical level of medical fault identification and the duty of care are highly abstract,generalized and complex,resulting in the confusion of judges lacking medical expertise in the identification of medical fault,which can only be solved by means of medical damage identification in judicial practice.Chapter two makes a concrete comparative analysis of the formation of "dualistic" medical damage appraisal and two different appraisal modes in China.Chapter three points out the problems faced by the current medical damage appraisal and its related systems,which are mainly manifested in the difficult selection of appraisal institutions,the long appraisal cycle,the lack of stability and predictability of appraisal opinions,and so on.Chapter IV analyses and compares the specific practices of medical fault identification and appraisal system in continental law system and common law system,and draws inspiration for the improvement of the appraisal system on the basis of comparative analysis.The fifth chapter is the suggestion to improve the medical damage appraisal system.In view of the current" dualistic" identification model,this paper proposes to build a "unified" medical damage identification model and related measures.Medical damage appraisal should build a unified appraisal model dominated by judicial administrative departments.It should adhere to the basic principles of scientificity,neutrality,efficiency and public welfare,establish and improve the appraisal expert database,strengthen the management of appraisal process,strictly control the re-appraisal,promote the "remote appraisal model" and implement the appraiser responsibility system.At the same time,it should improve the appraiser and expert assistant.The system of appearing in court actively explores the mode of "internet +medical damage appraisal" in the field of appraisal.
Keywords/Search Tags:Medical fault, Medical damage appraisal, Duty of care, Medical level
PDF Full Text Request
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