Research On Legal Issues Of Judicial Appraisal Of Medical Injury In China

The judicial appraisal of medical damage is an appraisal conducted by a qualified judicial appraisal institution entrusted by the people’s court to collect evidence and investigate whether medical personnel have infringed during the medical treatment process,either ex officio or upon the application of both doctors and patients,after accepting a medical damage liability dispute case.It plays an important role in clarifying the facts and distinguishing the responsibilities of both doctors and patients in medical damage liability dispute cases.After years of exploration and practice,the current legal norms for judicial identification of medical damage are becoming increasingly perfect,but there are still many problems in judicial application.From the perspective of the relevant legislative norms of medical damage judicial identification and the judicial application of medical damage judicial identification in China,especially in Jiangsu Province,there are currently major issues in the practical operation of medical damage judicial identification,such as unclear effectiveness levels of technical expertise opinions in medical accidents,non-standard identification procedures,the mere formality of cross-examination of expert opinions,and the substitution of authentication for trial.In the future,China’s medical injury judicial appraisal system should combine the national conditions and the characteristics of medical injury liability disputes,establish the priority of medical injury judicial appraisal,break the current dual track appraisal mode,and clarify the administrative attribute of medical accident technical appraisal;Further standardize the appraisal process,strictly review the qualification of the appraisal subject,attach importance to the preliminary review of materials,and clarify the withdrawal criteria;Improve the effectiveness of appraisers’ appearance in court,truly play the role of expert assistants,introduce the system of technical investigators,and achieve substantive cross-examination of expert opinions;Improving the ability of judges to review expert opinions,cultivating specialized judges in the field of medical disputes,and establishing a professional classification database of people’s assessors can better realize the value of judicial expertise procedures in medical damage liability dispute cases.