医疗事故技术鉴定结论审查中的问题与对策

Examine Process of the Conclusion of Technical Appraisal for Medical Accidents: Issues and Strategies

医疗事故技术鉴定结论与医疗案件审理结果、医学进步密切相关。目前法院在医疗事故技术鉴定书的审查中存在着实体与形式上的隐患。笔者认为,法院在严格审查医疗事故技术鉴定结论时应充分发挥医学会专业鉴定的作用,善用专家辅助人,规范、监督和保障法官自由裁量权的正当行使。

The conclusion of technical appraisal for medical accidents is closely related to both the outcome of the medical cases and medical advances. However, there have been some potential risks both in substance and form during the review process of the appraisal conclusion. In order to appraise the conclusion rigorously, some measures should be taken such as emphasizing the role of medical academic associations, seeking help from auxiliary expertsystem and exercising judge＇s power of discretion.