Exploration On Unified Medical Damage Identification System

In recent years,the problem of medical disputes is prominent.The majority of medical damage disputes cases in our country are solved through judicial means.Medical injury cases are often considered to be one of the complex types of cases in which judges are often overwhelmed by professional medical issues.In the search of medical dispute cases on the Internet of China’s judgment documents,the key word occupies the highest proportion is appraisal,appraisal opinion plays a very key role in dealing with medical injury cases.At present our country implements the dual appraisal system of the coexistence of the technical appraisal of medical malpractice and forensic appraisal of medical fault.The dispute over the dual system of medical damage appraisal has been going on for a long time.The Regulations on the Prevention and Handling of Medical Disputes issued in 2018 did not solve the drawbacks of the dual system.Currently,there are many problems in medical damage appraisal in China,such as the imbalance between scientific and neutral opinions,patients’ distrust of expert opinions and imperfect appraisal procedures.The establishment of a unified medical damage appraisal system needs to reflect on and improve the current dual appraisal system.As a matter of legal fact,the conclusion of the medical damage opinion should be exclusive.By combining the characteristics of disciplines involved in medical damage appraisal and the situation of medical disputes in judicial practice,this paper tries to put forward the following suggestions based on the analysis of the current status and problems of the dual appraisal system: First of all,we should establish a unified mechanism of medical damage appraisal subject,integrate the advantages of medical malpractice technical appraisal and medical fault judicial appraisal,and avoid the adverse effects brought by the unified appraisal system.Secondly,medical damage evaluation opinions belong to the category of scientific evidence,so peer review should be adhered to find a balance between impartiality and professionalism.Attention should be paid to the control of medical damage appraisal from the procedural aspect,including the unification and improvement of the appraisal start,hearing,relief and other related procedures.Thirdly,the expert assistant system and medical negligence judgment rules should be perfected to realize fair confrontation between both parties in medical litigation and promote fair and just settlement of cases.Finally,the safeguard measures to establish a unified system,such as ensuring the effective connection before and after the identification of medical damage litigation,strengthening supervision and management.