人体损伤后医疗因素影响的有关问题探讨

Study on the Influence of Medical Factors after Human body Injury

人体损伤后医疗因素的影响会改变人身损害后果，加之目前我国法理及法律方面的不完善，使此类案件的审理出现一定困难，同时对法医学鉴定也有一定的影响。本文通过对８例案件的分析，讨论了人体损伤后医疗因素影响的特点，并结合法律的观点，提出法医学鉴定中需探讨的问题：１、医疗因素与人身损害之间的因果关系；２、医疗因素有无过失以及责任性过失和技术性过失的区分；３、外伤与医疗因素在人身损害中参与度的判定。从而提高法医学鉴定的科学性，为公正审判服务。

The medical factors will change the injury consequence after human body is hurt, and they will not only influence the forensic appraisement conclusion to a certain extent, but also make some difficulties to administration of justice, because the theory of law anad law is not consummate itself in our country. In this paper, by 8 forensic cases being analysed, the characteristic of medical factors were discussed, and the problems requiring to study were raised combined With the law of our country in the course of the forensic appraisement. They are 1 ) the causality between the medical factors and the injury consequence, 2) negligence, non -negligence,responsible negligence and technical negligence in medical factors must be differentiated, 3) judging the contributory ratios of medical factors in injury consequence. Thereby, the scientific forensic appraisement willbe finished, and serve for administration of justice.