医疗事故鉴定几个热点问题的讨论

Discussion on Several Hot Topics Related to Malpractice judgement

结合工作实际,对医疗事故鉴定工作中医疗事故的概念与分级、医疗事故鉴定委员会出庭质证、集体鉴定还是个人鉴定与鉴定人签字、建立鉴定的监督机制等问题进行了讨论。认为将医疗事故的概念改为医疗伤害,并将其分为一、二、三级医疗事故及医疗差错为宜;医疗事故技术鉴定委员会没有必要出庭质证;集体鉴定较个人鉴定优越;应建立监督制约机制,解决现行医疗事故鉴定体制中存在的只强调鉴定人行使权力的问题。

The authors discussed several issues regarding to the malpractice according to their practical experiences. The definition and classification of malpractice, the query and testify of the malpractice judge committee in the court,which approach should be used,cither collective judge or personal judge with the signature by the person who is responsible for judge and the establishment for the supervisory mechanism have been mentioned in the discussion. The authors suggested to rename the malpractice into medical impairment and to divided it into 3-level medical malpractice and medical mistakes. It was argued that it is unnecessary to query and testify in the court for the malpractice judge committee, the approach of collective judge is superior to that of the personal judge. The supervisory mechanism should be developed to avoid simply emphasis on the authority of the person who is responsible for judge.