医疗损害鉴定意见的审查判断

Review and Judgment of Authentication Comment on Medical Damage

鉴定意见作为鉴定活动的结果,是正确处理诉讼案件的重要依据。文章借鉴英美法系和大陆法系中对鉴定意见的相关规定,认为我国有关鉴定活动的法律规定较少,且操作性差,使得医疗损害诉讼中鉴定意见的审查判断较为困难,因此除对鉴定主体、鉴定程序、鉴定意见形式要件等进行审查外,也应该针对医疗损害鉴定进行特殊审查,正确采信鉴定意见,定纷止争。

As the result of authentication activity, authentication comment is an important evidence for correct management of lawsuit. Refer to the relevant rules on authentication comment in British, American and France, and in China, there are less rules about authentication activity in our country, and it＇s hard to handle, which makes the review and judgment of authentication comment in medical damage lawsuit more difficult. As a result, besides the review on the general items such as authentication subject, authentication procedure, form of the authentication comment, we also should focus on the special review of medical damage authentication in order to admit the correct authentication comment and deal with the case.