The Dilemma And The Way Out Of The System Of Medical Injury Appraisal In China

Since the reform and opening,although our country's medical level up the medical technology and the progress of the medical team,also obtained the sufficient development,but there are still many unknown fields in medical science,medical behavior inevitably has a unique high risk and invasive.As the growth of awareness of civil rights and an increasingly tense relationship between doctor and patient,contradiction is becoming more and more sharp,relevant medical dispute cases also increased year by year,and even some malignant cases will happen,"medical alarm"has become a profession.Medical disputes often involves professional medical problem,its strong professional makes it hard for the judges judge,so the medical dispute.?Medical accident treatment act?in September,2002 formally implemented,its administrative processing of medical disputes,medical accident identification were made specific provision.In January 2003,the supreme people's court issued on the reference to the medical accident treatment act>notice of medical dispute civil cases,namely the lawsuit to the court of medical accidents caused by medical disputes refer to the relevant provisions of the regulations on the medical accident treatment,in the examination and approval,according to the application or the court decision according to the power of the parties to medical accidents of judicial authentication,the identification organization under the regulations.Caused by medical accidents for reasons other than other medical dispute of judicial authentication is required,in accordance with the.Therefore,our country related medical damage appraisal exists two kinds of different technical appraisal system,it is through the judicial appraisal department of causality of forensic judicial technical appraisal.The two different appraisal system,with different advantages,such as a more professional,reasonable of technical appraisal for medical accidents and medical treatment fault judicial authentication is more fair and legal,so that the medical damage appraisal in our country the unique phenomenon of "dual identification".Relative foreign developing medical damage appraisal system,our country's medical damage appraisal system still exist many problems,such as the court which a conclusion to the reference case;In the practice of.