医疗损害鉴定主体改革刍议

On Reform of the Subject of Authentication for Medical Malpractice

医疗损害鉴定主体,包括鉴定机构及鉴定人,是医疗损害鉴定制度改革的起点。医疗事故鉴定模式中的专家组并不是鉴定主体,但其合议制的实质对鉴定结论的科学性具有重要作用,应予保留。应改革鉴定结论形成机制,允许出具多样化的鉴定结论。医疗损害鉴定制度的改革应采取司法行政部门主管、司法鉴定机构组织鉴定工作、医学会推荐鉴定人的模式。由于医学的专业性极强,鉴定人应当来自于现任专职医务人员。在保证鉴定人中立性、公正性的同时,要重视保证医务人员参与鉴定工作的积极性。

The appraisal subject, including the forensic institutions and individual expert, is the starting point of the reform of authentication for medical malpractice. Although the expert group in authentication for medical accidents is not an appraisal subject, its practice of panel discussion plays an important role in guaranteeing the expert conclusion to be scientific, therefore the expert group should be preserved. The formation mechanism of the expert conclusion should be reformed to admit diversified conclusions. The reform should adopt such a model in which an administrative department of the judiciary should be the governing department, forensic work should be organized by the judicial forensic institutions and the experts should be recommended by the medical associa- tions. Because of the specialty of medical science, the experts should come from incumbent full-time medical staff. The paper also discusses the problem of neutrality, impartiality and enthusiasm of the experts.