Determination Of Causation In Medical Dispute Lawsuit

Because of its high complexity,professionalism and science,causality has become one of the most puzzling problems in the theoretical and practical fields.When a patient,hospital or a judge decides whether there is a causal relationship between medical tort and injury result,it often becomes difficult because of the weak cognizance theory,the confusion of causation system,the burden of proof burden and the lack of professional medical knowledge and skills.Therefore,in the practice of medical disputes,when a patient or a hospital decides whether there is a causal relationship between the medical tort and the damage result,we usually need to start the medical identification procedure to complete the work,while the court is based on the medical appraisal opinion.But this practice often because the patient that ability is low,highly professional medical knowledge and authority in our country at present of medical accident and medical damage and other reasons directly lead to confusion of causation over reliance on medical identification,may cause judicial injustice and low efficiency.Not only that,at the present stage of our country medical identification "two yuan" model also makes the causality in that may occur in the process of repeated identification and identification of medical liability is unclear and the abuse of right of dissent and other issues,the judge and the trial process examination and cross examination of the medical expert opinion a causal relationship as a result of the unjust identification form and not scientific.Therefore,it is necessary to learn from the common law through rational causation dichotomy,forensic causality theory and our complementary causal relationship theory;and through the establishment of "medical identification mode unified",perfect the expert opinion of the interrogation procedure and guarantee the right of supervision,the application of medical identification system make reasonable identification of the causation,ensure the patients or judge on medical identification do not over reliance,too lightly,make it play a role in the science fair.The article mainly takes medical appraisal as the core,and discusses and analyzes the cognizance of the causality from four parts.The first part is the introduction,summarizes the main content of the thesis,and puts forward the research question,what is the value of research and the innovative points;the second part is the main content of dichotomy in identification of causal relationship in medical dispute,identified related theory method and the burden of proof briefly the third part mainly introduced;througha brief analysis of two different cases,found that the main problem is the determination of the existence of causation in China,which is over reliance on medical identification system,"two yuan" mode for the identification of problems in the expert opinion and review the interrogation procedure in short;the fourth part is through the on the analysis of the problem,put forward some suggestions that perfect reliability of our causality,causality in our medical dispute litigation relationship recognition It is necessary to provide some help in theory and practice.