摘要
医疗纠纷目前已成为消费者投诉的热点问题之一 ,由于涉及医疗纠纷的法律、法规之间的相互矛盾 ,相关证据制度的不完善 ,使医疗纠纷案件难以处理 ,息诉服判率较低。归纳起来处理医疗纠纷有“五难” ,即鉴定难、立案难、举证难、质证难、判决难 ,而这其中问题最突出的当数鉴定问题。本文就医疗事故鉴定结论的法律性质、行业保护主义对鉴定结论的影响。
Medical dispute has become one of the topics of general interest that consumers have been complaining of. Because of the contradictions in the laws and regulations concerning medical dispute and because of imperfections of the related testimony, it is very hard to handle with cases of medical dispute. So there has been very few withdrawing of the cpmplaint. We are faced with difficulties in five aspects of a medical dispute, difficulty in identification, in registery in file for investigation and prosecution, in adducing evidence, in cross-examination and difficulty in judgement. Of the above five aspects evalustion is the most difficult to cope with. In this paper, we try to explore the legal character of medical dispute identification conclusion, impact of professional protectionism on the valuation conclusion, evaluators and authenticity of the authentication materials.
出处
《临床误诊误治》
2001年第4期244-246,共3页
Clinical Misdiagnosis & Mistherapy
关键词
医疗事故
鉴定制度
改革
中国
Medical accident
Evaluation system
Reform
