Study On Medical Damage Identification From The Perspective Of Case Analysis

In recent years,there have been more and more medical disputes.No matter through the litigation approach,or non-litigation approach to solve the increasing number of medical dispute cases,usually need to identify the facts of medical dispute through medical identification,according to the identification results to divide the responsibilities of the parties,reasonable to determine the proportion of their responsibilities.At present,technical appraisal of medical accident and judicial appraisal of medical damage constitute the dual-track medical appraisal mode in China.After a long time of practice,it can be seen that the dual-track system has many disadvantages.For example: repeated identification,identification category confusion and "to identify the generation of review" and other disorders emerge in an endless stream,the existence of a dual-track medical identification model,resulting in frequent occurrence of the above identification disorder.The Supreme People's Court on some issues of medical damage liability disputes applicable law interpretation tries from the legal level change double-track appraisal mechanism,unified medical appraisal model,but not the explanation did not meet expectations,even though the name of the interpretation will be in the medical dispute appraisal,unified for medical damage appraisal,but it does not substance.Due to the lack of unification of relevant laws in the field of medical identification,the dual-track medical identification model has not been completely changed.This paper,from the perspective of case analysis,analyzes the disadvantages of the existing dualtrack medical identification model,and discusses the Suggestions on the reform and improvement of medical damage identification from the following aspects: formulate unified laws and regulations on medical damage identification,and provide legal support for the establishment of a new medical identification system;According to the law,we should fully absorb the advantages of the existing medical identification model,discard its defects,and integrate the superior resources to establish a new medical identification system to completely solve the disadvantages of the dual-track medical identification model.Actively carry out medical disputes in judicial practice case work specialization: the training of specialists in the field of medical dispute cases,reform the judicial organization set up special institutions for medical treatment damage dispute trial,break to rely too much on medical evaluation "to guide the generation" review judicial predicament,improve court the efficiency of medical treatment damage dispute cases,credibility,and judicial authority.