医疗侵权诉讼案件中鉴定“二元化”的异与同

Differences and Similarities of the Theory of Identification “Duality” in Medical Tort Lawsuit

目的探讨医疗侵权诉讼案件中鉴定"二元化"的异同点。方法通过对医疗侵权诉讼案件中鉴定"二元化"的对比分析和归纳鉴定"二元化"的异同点。结果医疗侵权诉讼案件中鉴定"二元化"所包括的两种鉴定,在法律依据、鉴定目的、鉴定机构及人员、鉴定内容、鉴定责任制度方面存有不同,但诉讼性质和鉴定内容方面又具有相同之处。结论鉴定"二元化"对于审理医疗侵权案件发挥重要作用,但也带来诉讼成本增加、鉴定采信依据的问题。在将来,医疗侵权案件诉讼医疗鉴定"一元化"将完全取代"二元化"。

Objective To explore the differences and similarities of the identification of＂duality＂ in medical tort lawsuit.Methods The differences and similarities between the theory of identification ＂duality＂ were identified by corn parative analysis and induction the theory of identification ＂duality＂ in medical tort lawsuit. Results There was some difference in the legal basis, the purpose of the appraisal, appraisal institution and personnel, appraisal content, identifi cation responsibility system in two kinds of identification, but the nature of the litigation and identification of content had the similarities.Conclusion The identification ＂duality＂ plays an important role in medical tort cases, but also induces the problems including increasing the lawsuit cost and identifying the proofs. In the future, the ＂uified＂medical tort cases medical appraisal will completely replace the ＂duality＂.