| The analysis of the causation of medical damage which is the main basis for judging whether the medical institutions are responsible for the compensation for medical damage cases is very important to resolve medical dispute cases.At present,in the case of judicial authentication of medical malpractice,the analysis of the causation in medical injury affects the trial of the case.Whether the people’s court can correctly interpret the meaning of the judicial expertise of medical damage is also crucial.In this paper,the author is engaged in forensic practice,starting from the specific cases in judicial expertise,the causal relationship between medical damage in the judicial expert opinion analysis as a guide,hope.to provide some inspiration and help to judge the correct interpretation of medical damage judicial expertise and the objective of medical malpractice case.The main contents of this paper are as follows.At first,the basic category of medical damage causation of judicial identification are discussed.The causation exists in the medical damage included in medical damage forensic opinion.Medical damage analysis of causation of judicial identification solved is causation in fact,however,because the current human cognition can not explain all objective facts.Medical damage causality analysis in judicial expertise also has some limitations.In the second,we can clarify the importance to examine the causal relationship between medical damage forensic opinion through the "relative causal relationship" theory in medical damages in judicial practice by combining the analysis of the common types of medical damage judicial identification case.The judicial identification of medical damage causality should be analysed in these factors.The first is whether the medical action from hospital has medical fault,the second is the medical damage of patients and the last is the analysis of the relationship between that two.That is not only includes the correlation analysis,analysis of views should also be given equal,the relative analysis opinion is also in it which means the participation of medical fault judgment in the consequences of the damage,the basis of the facts of the case to judge causal understanding.At last,the concept of medical negligence participation is widely used in the judicial practice,then the paper is also discuss the application of quantitative methods of medical damage causation in judicial identification.At the same time it points that the medical fault participation is not equivalent to the degree of the responsibility which the hospital should take. |
