Researches On Contribute Ratios Of Forensic Appraisal For Medical Malpractice

Objective: In medical malpractice cases of medical liability for damage and the contribute ratios of medical malpractice analysis, combined with 2010 promulgation and implementation of the \"tort liability law of the People’s Republic of China(hereinafter referred to as the\" tort liability act \") in the medical liability for damage related to explain, discusses how to more scientific and fair for contribute ratios in the technical appraisal of medical injury medical malpractice assessment. Bridge between forensic science and law, clear assessment of participation in technical appraisal of medical malpractice appraisal idea, specification of the contribute ratios in the technical appraisal of medical malpractice in practice.Methods: From Beijing Fada Institute of Forensic Medicine &Science established "case database of technical appraisal for medical malpractice " in the selected from 2003 to 2012 in accordance with the conditions of 340 cases of health damage. Using the following method analyzed these 340 cases : 1.Document analysis: Through the recent years domestic and on medical malpractice identification and involvement of medical malpractice assessment literature analysis, have a preliminary understanding of domestic and foreign medical malpractice technical appraisal methods, standards and the current assessment ideas about the contribute ratios of judicial identify for medical malpractice. 2.To discuss contribute ratios of medical malpractice assessment regulations: Through access to a large number of medical, forensic, law books and on "Tort Law" box interpretation of the article, the active participation of the subject that approvedby the department of justice of the People’s Republic of China in 2013, jointly drafted by Institute of Forensic Science,Ministry of Justice,P.R.C and Fada Institute of Forensic Medicine &Science, proposed technical specifications "Guideline of Contributory Ratios for Persional Injury"(hereinafter referred to as the "Guideline") discussed the preparation process. 3.Epidemiological studies of medical malpractice cases: 340 cases were statistics separately in accordance with hospital grade, occur departments, medical malpractice liability type, size and other contribute ratios of medical malpractice. 4.Systematic sampling and re-engagement of medical malpractice assessment: Depending on the damage in 340 cases of medical liability cases, the proportion of systematic sampling, sample select 200 cases; and in accordance with "Guide" in the "participation of medical damage assessment" the provisions of the 200 cases of medical injury cases were reassessed participation, 2-3 clinical experts also invited to participate(experts and experts identified the first case of hearings inviting basically the same);the difficult and complicated cases should be invited the Director of the physician for guidance. 5.Data processing: will be judged twice the contribute ratios level of grouped by grade interval, and using Wilcoxon rank and inspection for statistical analysis. 6.Discussion : will two participation rating inconsistent case, analysis on the main differences in medical negligence and classification are discussed.Results: The medical malpractice cases occurred at armor hospital from 2003 to 2012 was significantly higher than that of dimethyl and following hospital; obstetrics and gynecology, general surgery, orthopedic and other medical and surgical departments related to a higher proportion of the damage occurred; in medical damage liability, damage liability medical technology accounted for a large proportion; ontribute ratios of medical malpractice in assessing the degree of damage to health, the percentage of Contribute Ratios in the D level below is larger;two kinds of methods of thecontribute ratios grade evaluation have differences(P < 0.05);then change the level of participation in the case of lassification of statistical studies, obstetrics and gynecology, orthopedics larger proportion; two inconsistent assessment of contribute ratios of medical malpractice is the main differences of the defect to inform, illness weight judgment, incorrect treatment.Conclusions: Medical malpractice cases successful completion of the proceedings, it need to rely on technical appraisal of medical harm to provide evidence of Contribute Ratios in Medical Malpractice as the core technology, and the need for clear identification of thinking and objective assessment principles. The idea to establish the identification and evaluation principles, the medical liability for damage assessment and traditional medical practices, "Tort Law" provides a comprehensive account of the link up, and help guide the identification of cases of damage to health, regulate the participation of medical damage assessment and implementation of clinical diagnosis and treatment activities, and help solve today’s social hot issues of tension between doctors and patients.