Difficulties And Solutions Of Referees In “Over-medical” Cases

In recent years,"excessive medical treatment" has triggered many contradictions between doctors and patients,and has become a phenomenon of common concern in the medical and legal fields.Based on the previous theoretical research results on the concept of "over-medical treatment" and the standard of infringement determination,this article uses data statistics and case analysis methods to conduct an empirical study on 117 cases involving excessive medical infringement from 2011 to 2018,and presents The referee's dilemma in cases of over-medical disputes found that such cases are difficult to grasp in terms of the nature of legal relations,subjective faults,objective behavior,behavioral consequences,and judgment of causality.The reason for this dilemma lies in the highly specialized technical nature of the case itself,the inadequate legal regulation of "medical conduct",the lack of clear and specific basis for refereeing,and the lack of scientific expertise in the professional identification system.Establish a "unified" medical appraisalsystem in order to alleviate the plight of referees in cases of excessive medical disputes.