Challenge and solution to medical damage idntification
10.13618/j.issn.1001-5728.2018.01.001
- VernacularTitle:医疗损害鉴定面临的挑战与对策
- Author:
Xin LIU
1
;
Qianhui MA
Author Information
1. 中国政法大学证据科学研究院 医药法律与伦理研究中心
- Keywords:
medical damage;
dual identification model;
medical dispute;
forensics;
judical interpretaion
- From:
Chinese Journal of Forensic Medicine
2018;33(1):1-5
- CountryChina
- Language:Chinese
-
Abstract:
By the end of 2017, the Supreme People's Court issue a judical interpretation called Tort law of China·Medical damage liability. It formulates some new rules about identification. It stipulates qualification of new appraiser; clears requirement of medical fault judgment; clears the requirement of causal relationship; defines procedure of medical damage identification and so on. However, there exist the dual identification model. Under the new rules, medical damage identification will face new challenges, especially some stipulates about qualification of appraisers, and expert assistants' views become the basis of the verdict. Those will effect medical examiners' working directly in China. So, I put forward following suggestions: ①Medical identification must be scientific, public welfare, normative.②It is trend for medical damage identification back to peer review. ③A unified library of clinical expert appraisers should be establised. ④We should reasearch the theorys, principles and methods of medical damege identification.
