A study on medical damage identification involving informed consent disputes
10.13618/j.issn.1001-5728.2024.03.002
- VernacularTitle:涉及知情同意的医疗损害鉴定研究
- Author:
Xiaoying YU
1
;
Wentao XIA
Author Information
1. 司法鉴定科学研究院,上海市法医学重点实验室,司法部司法鉴定重点实验室,上海市司法鉴定专业技术服务平台,上海 200063
- Keywords:
Judicial expertise;
Judicial adjudication;
Informed consent;
Medical damage liability dispute
- From:
Chinese Journal of Forensic Medicine
2024;39(3):267-272
- CountryChina
- Language:Chinese
-
Abstract:
The patient's right of informed consent is the key issue that must be paid attention to in the identification of medical damage cases.In judicial practice,expert opinion plays an important role in supporting the judicial judgment results of medical injury disputes.However,in terms of causality and cause force,it is not uncommon that there are discrepancies between trial results and expert opinions,and it is often related to the judgment of informed consent.By the analysis of two cases with medical damage identification and judicial judgment,it is found that the fault of diagnosis and treatment is often confused with the fault of notification in the expert opinion,and no distinction is made in causation and cause force analysis.In fact,it is against the original intention of law and judicial interpretation,and does not conform to the actual situation of difference between the two kinds of faults.It is necessary to re-understand the differences and connections between the two faults,accurately distinguish different situations and use different expression methods in the expression of expert opinion to better serve the judicial trial.
