A Critical Reflection on the Predicaments and Systemic Reconstruction of China's Medical Damage Appraisal System within the Context of Medical-Legal Integration
Abstract
Medical damage identification is a key link in judicial adjudication of medical disputes. The scientificity and credibility of its system design are directly related to the efficiency of resolving doctor-patient conflicts and the maintenance of judicial authority. At present, there
has been a "dualistic" pattern of "medical association appraisal" and "judicial appraisal" in parallel for a long time in China's medical damage
appraisal, which leads to problems such as conflicting appraisal opinions and different judgment standards, which is not conducive to the fair
and efficient resolution of medical disputes. Based on the perspective of medical and legal integration, this article deeply analyzes the practical
conflicts and structural crux of the dual-track system, and proposes an integrated reform path with "system integration, standard unification,
procedural standardization, and three-dimensional supervision" as the core, aiming to promote the construction of a national unified medical
damage identification system to help improve the efficiency of medical dispute management and judicial credibility.
has been a "dualistic" pattern of "medical association appraisal" and "judicial appraisal" in parallel for a long time in China's medical damage
appraisal, which leads to problems such as conflicting appraisal opinions and different judgment standards, which is not conducive to the fair
and efficient resolution of medical disputes. Based on the perspective of medical and legal integration, this article deeply analyzes the practical
conflicts and structural crux of the dual-track system, and proposes an integrated reform path with "system integration, standard unification,
procedural standardization, and three-dimensional supervision" as the core, aiming to promote the construction of a national unified medical
damage identification system to help improve the efficiency of medical dispute management and judicial credibility.
Keywords
Medical damage identification; Integration of medicine and law; Dualisation; Identification criteria; Judicial justice
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PDFReferences
[1] Chen Bangda. Research on distrust in medical damage identification--A case study of "unified" model in Shanghai [J]. Jiaotong University Law, 2019 (2): 86-104.
[2] Liu Xin, Shan Jingwen. Opening a new chapter in medical damage identification--Medical damage identification model of "Regulations
on Prevention and Treatment of Medical Disputes" [J]. Chinese Journal of Forensic Science, 2018, 33 (4): 325-328.
DOI: http://dx.doi.org/10.70711/memf.v3i2.8846
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