Research On The Development Of Medical Damage Identification Model In China

For a long time,the liability appraisal of medical malpractice and liability appraisal of medical fault constitute two main forms of medical dispute appraisal in China.Respectively for the local medical association at all levels of the expert committee of the technical identification and judicial identification institutions.The coexistence of two appraisal systems leads to the awkward situation of "dualization of basis" and "double track system" in judicial practice.In 2010,the “Tort Liability Law” was promulgated and implemented,basically unifying the determination of liability for medical damage.Since then,the legal basis for the court to hear cases of medical damage no longer exists the previous phenomenon of dualism.But for medical damage appraisal system in our country,and whether the “Medical Dispute Prevention Rreatment Regulations”,or the “Interpretation On The Application Of Law In The Trial of Medical Damage Liability Dispute Cases”,have no revised accordingly the dual identification system,the resulting in the judicial practice,medical appraisal system to normalize the situation still exists,leading to medical appraisal standard is not unified,legal basis.Its direct consequence is to cause a series of responsible effects,such as acting as judge,different judgment of the same case and trust crisis of the parties.In this context,it is urgent to construct an integrated medical damage identification system and realize the same medical behavior.In 2018,“The Administrative Measures for Medical Damage Identification(Draft Opinions)”has taken an important step towards the establishment of an integrated medical damage identification system.However,it still retains the binary identification institution,and strives to quickly solve the long-standing problem of dualization by unifying the identification personnel and procedures.This paper attempts to combine the advantages of professional medical malpractice identification and judicial identification neutrality,and puts forward the following Suggestions for the establishment of an integrated medical injury identification system.No matter as the basis of administrative punishment to the medical party,or as the basis of mediation and judicial discretion,the medical damage appraisal opinion has the attribute of factual judgment.Therefore,the future legislation should clearly stipulate that the medical damage appraisal opinion made according to “The Measures for the Management of Appraisal of Damage” has the authority,uniqueness and universal applicability.Secondly,on the premise of "only one opinion",the basic principles of legislation should be determined.Combined with “The Measures for the Management of Appraisal of Damage” and the practical dilemma of medical damage identification in China,this paper suggests that it should follow the principles of debate,science and peer review,justice and remote identification.Finally,according to the legislation purpose and basic principle,the article further points out that to establish a unified appraisal expert database,certain medical damage appraisal main body,clear medical damage appraisal content,the unified evaluation procedure and evaluation standard,improve the system of supervision and examination,etc.,should be in integration mode of medical identification of righteousness...