论中医医疗过错的认定

Studying on the identification of medical malpractice in Traditional Chinese Medicine

现行的医疗过错认定一般是通过鉴定,并依赖西医专家作出鉴定结论。而中医与西医在疾病的认识方法、诊断标准和治疗上的差异,决定了用针对西医制定的标准来判断中医师在诊治过程中是否存在过错是不合理的。英国的"Bolam测试标准"和"Shakoor案"提供了很好的启示——认定中医过错,应由"同行业"者来完成。同时,应结合新修订的《民事诉讼法》,在中医医疗过错鉴定和法庭质证程序中充分发挥中医专家的作用,并不断完善中医诊疗规范,合理地认定中医医疗过错。

At present, medical malpractice was generally recognized with identification, which depends on western medicine experts＇ appraisal conclusion. As there had different understanding of diseases, diagnosis standard and treatment between Traditional Chinese Medicine and western medicine, it should be unreasonable to identify medical malpractice in Traditional Chinese Medicine with the standards from western medicine. Enlightenment from ＂Bolam test standard＂ and ＂Shakoor case＂ in Britain,identification of medical malpractice in Traditional Chinese Medicine should be judged by ＂same industry＂ person. Furthermore, Combined with the new revision of Civil Procedure Law, experts in Traditional Chinese Medicine should play an important role in identification and court cress-examination. And the diagnosis and treatment standard of Traditional Chinese Medicine should be further improved.