医疗纠纷法医鉴定33例分析

Medicolegal Expertise over Medical Disputes: Analysis of 33 Cases

目的:探讨医疗纠纷法医鉴定的特点,启示医务人员在防范医疗纠纷时应注意相关义务。方法:对西安交通大学医学院临床法医学教研室2000～2003年进行的33例医疗纠纷法医鉴定资料进行回顾性分析。结果:法院委托鉴定的目的和审理案件的着眼点在于确定医疗行为有无过失,以及该过失和医疗不良后果之间有无因果关系,决定医疗机构是否承担赔偿责任的标准是过失责任原则。结论:为防止医疗纠纷的发生,医务人员在医疗活动中应认真履行注意义务和告知义务。

Objective:To explore the characteristics of medicolegal identification in dealing with medical dispute in order to inspire medical care providers to pay attention to their duties in preventing against medical disputes.Methods:A retrospective analysis was performed on the medicolegal expertise with 33 cases of medical disputes undertaken by Teaching & Research Section of Clinical Forensic Medicine with Xi'an JiaoTong University School of Medicine in the year 2000 and 2003.Results:The purpose of medicolegal identification entrusted by courts of various levels is to determine if there is any negligence in a medical act and if there is a causality between the negligence and the harmful consequence of medical treatment.The trial of a case also lies in such point.Weather Medical institutions should honor their liability or not depends totally on the principle of liability for fault.Conclusions:Medical personnel should seriously perform their duty of notification to patients and their family members and duty of care in clinical practice in order to prevent medical disputes.