The expert queries a coroner determines medical treatment is damaged Propose the reform dispute appraises the system

The expert queries a coroner determines medical treatment is damaged Propose the reform dispute appraises the system
News from China News Agency Beijing on December 22 (reporter Zeng LiMing) China cures Professor Yin Dakui, president of SCTE, to emphasize today: Medical treatment damages determining that can't lack clinicians to participate in, is totally appraised by the coroner, perhaps can't judge the doubtful point of the clinical dispute accurately.
He held here " The problem seminar of the case history while determining and appraising in the medical dispute " On point out there are getting more complicated very on medical science some damage to last medical science different fields professional simple medical treatment seemingly; The coroner mainly comes from coroner's clinical speciality, does not possess every professional field knowledge of medical science, it is difficult to judge some difficult points in medical science accurately. So the coroner does medical treatment and is damaged and appraised and merits attention.
He think " the the intersection of liability for tort and law " bear the principle, make the clear regulation to medical organization and the intersection of medical worker and responsibility, have positive effect on balanced relationship between doctors and patients. Who in the course determines the responsibility of both sides in the medical dispute still have objection but implement; Look for the breakthrough point on determining some patients write from the case history in the course, often deny the authenticity of the case history on the flaw of the case history, in the hope of not determining that lets the hospital compensate. This kind of method does not accord with the original intention that patient's rights and interests protect.
Liu Xin, Professor of China University of Political Science Law, proposes, the coroner is not more superior than the medical association appraise the mode when damaging judicial expertise in medical treatment, the surveyor is not a counterpart expert, and produced and lacked the procedure guarantee; Its only advantage is independent of the medical organization, will not doubt to suffer from the side. The connoisseur of medical association can ensure the science that is appraised, its range except that technical appraisement of the malpractice, medical treatment are damaged and appraised, still involve " Accord with the norm of making a diagnosis " , " make a diagnosis rationally " , " excessive inspection " Judge and blood, medicines are qualified, such questions as disinfectant, medical equipment are defective.
He proposes the medical dispute of the reform appraises the system, the medical association sets up the appraisal organization registered in the judicial administrative organ, set up connoisseur's storehouse, the entry system that have an examination, construct and basically appraise the theory, method; Improve and appraise the procedure, implement connoisseur's system of real name, signs and appears in court.
Come from national the Supreme People's Court, The Beijing Higher People' s Court, the judicial appraisal organization and Beijing, over ten large-scale hospitals and 30 experts, seeks medical advice and treats the dispute to judge responsibility, coroner's medical dispute appraised the behavioral standard of responsibility of the basis, medical compensation for damage and made the fake problems such as the case history,etc. have been discussed. (End)
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