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Empirical Research On Medical Damage Identification

Posted on:2019-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:C Y TangFull Text:PDF
GTID:2416330590975290Subject:Law
Abstract/Summary:PDF Full Text Request
The dual-track medical damage identification model often results in the medical malpractice technical appraisal of medical association and the medical damage identification of the judicial appraisal institution in the same lawsuit case.Due to the difference of the nature?appraisal model?appraisers?appraisal basis and standard between the two institutions,the conclusion is often different.It aggravates the contradiction between doctor and patient and makes it difficult for the judge to determine the facts of the case correctly and to make a convincing decision on both sides.From a practical case,this paper points out the common problems of medical damage identification in the case of medical damage liability disputes,and analyzes the causes of the problems.Through the comparison of the identification of the medical association and the appraisal of the judicial appraisal institution,the author believes that the technical appraisal of medical malpractice cannot meet the needs of the trial,but the institutional design and expertise of the medical association is superior to the accreditation body.It is the effective way to improve the system of medical damage identification by taking the medical association's organizational identification model as the blueprint,perfecting the shortcomings of the appraisers' responsibility and the appraisal basis.In 2017,jiangsu province carried out the reform of the medical damage appraisal model,which promotes the unification of the dual-track system of medical damage appraisal,but the key appraisal legal basis and standard is still not unified,and the reform still has some unfinished business.
Keywords/Search Tags:medical damage identification, technical identification of medical accidents, judicial identification, appraiser
PDF Full Text Request
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