Forensic identification and judicial determination of medical malpractice-induced shortened survival:An analysis of 88 judgments
10.13618/j.issn.1001-5728.2025.04.002
- VernacularTitle:医疗过错致生存期缩短法医鉴定和司法认定研究
- Author:
Lina RU
1
;
Honglei HUO
;
Yanfeng JIA
;
Shengnan TIAN
Author Information
1. 河北医科大学第二医院,河北石家庄 050000
- Publication Type:Journal Article
- Keywords:
Shortened survival period;
Reduced life expectancy;
Medical injury;
Forensic identification;
Damages quantification
- From:
Chinese Journal of Forensic Medicine
2025;40(4):400-404,410
- CountryChina
- Language:Chinese
-
Abstract:
Objective To systematically analyze the current status of judicial adjudication in medical-injury cases involving shortened survival,identify core issues in forensic identification and adjudication,and propose targeted improvements.Methods We searched China Judgments Online for 88 effective judgments and conducted quantitative and qualitative analyses across four dimensions:patient baseline characteristics,forensic identification procedures,trial process,and adjudicative outcomes.Results The judicial support rate for shortened survival claims was 25％.Marked practice divergences were observed:only 28.4％of cases explicitly cited authoritative survival statistics as the scientific basis for opinions;four compensation-calculation approaches were identified with inconsistent standards;the second-instance reversal rate reached 20％.Conclusion It is necessary to develop a unified technical specification for forensic identification of shortened survival,establish scientifically grounded compensation-calculation models,and strengthen multidisciplinary collaboration mechanisms to enhance the credibility of adjudication.
