Research On The Subject Qualifications Of Judicial Appraisal Of Medical Damage

The forensic identification of medical damage is an important issue after the Implementation of the Tort Liability Law,which plays an active role in solving medical disputes.In the reality,there are two methods of identification:medical identification and forensic identification,which make the subjects in medical damage identification seems not clear.Although the Supreme People's Court issued the relevant judicial interpretations,many regions still stand on their own situation to adopt different understanding and respectively choose different subjects for medical damage identification,this is not conducive to operation.At present,the contradiction between doctors and patients is obvious,the key to solve the problem is to make the subjects in medical damage identification clear,which is particularly important at this moment.Therefore,this article will focus on discussing the main body of the medical damage identification of judicial qualification and put forward the corresponding suggestions.In addition to the introduction and conclusion,this paper is divided into four parts,each part is as follows:The first part is the overview of the subject qualification of medical damage judicial authentication.First of all,the author expounds the definition of 'medical damage',affirms the judicial nature of the identification of medical damage disputes.Secondly,the academic circles have not made a complete description of the concept of 'the subject qualification of medical damage identification',the author firstly discusses what is the subject of judicial authentication and the subject of judicial authentication.Then combined with the unique characteristics of medical disputes,to determine the concept of medical damage identification of the main body qualification.Finally,return to the purpose of the identification,the author comes up with three requests for getting the judicial identification of the main medical damage to make a hint for latter article.The second part is the analysis of the current situation and problems of the application of the main body of medical damage identification.At the system level,there are two kinds of medical malpractice identification system and judicial identification system,and the main body of identification is Medical Association and forensic expert.Actually,the main dispute is how to choose main body of medical damage identification between the medical association and the forensic expert.And then,the author mainly analyze the internal essence of the two through the aspects of rationality and legitimacy of medical damage judicial rationality and judicial identification of medical damage to make clear the qualification of medical and forensic identification of the subjects.Finally,it concludes the problems of the expert system is not enough,etc.The third part is the research on the qualification of the main body in foreign countries,which is based on the current situation of the identification of the two medical disputes in common law and civil law.Take American model,Germany model and Japanese model as examples,they are all obey the principle of peer evaluation to ensure the professional identification.Some other countries have adopted measures like establishing medical damage identification expert database.All of these can provide a reference for our country to determine the subject of judicial identification of medical damage.In the fourth part,the author puts forward some suggestions on the improvement of the subjects of judicial authentication of medical damage.Mainly includes two aspects:firstly,to use the model of combining with law and medical integration.Through the feasible analysis,to establish the new mode of judicial identification of medical damage in judicial identification based on existing forensic medicine identification as supplement and absorb the expertise of Medical Association as advantage.Two,to improve the expert system.Make provision for expert occupation,clear expert selection standards and establish accountability system in order to avoid irresponsible behavior occur,finally to give the appraisal opinions correctly and effectively.