医疗损害鉴定制度重构的若干问题

Some Problems on System Reconstruction of Medical Tort Identification

医疗损害鉴定制度重构应以实现鉴定的客观性、可及性为目标。客观性依赖于鉴定人能力提升、鉴定人地位中立、鉴定程序优化及监督机制完善,可及性依赖于鉴定队伍的壮大以及良性竞争。医疗损害鉴定应当实行鉴定人负责制,鉴定人员的资格应当符合特别规定。司法鉴定机构及医学会均应当被赋予医疗损害鉴定的资格,以促进良性竞争;鉴定机构应当设专家库,鉴定规则应当符合法定条件;应当充分发挥司法审查对医疗损害鉴定活动的监督功能。

Reconstruction of the system should ensure that the identification of medical tort cases is objective and easily ob- tained. In order to ensure the appraisal objective in the identification, the good identification procedure and the perfecting supervi- sion are as fundamental as the appraiser＇s qualified ability and neutral attitude is. And to make identification easier to obtain, a de- veloping appraiser team and the healthy competition are necessary. In medical tort identification the appraiser must have overall re- sponsibility for the conclusion. And the qualification of appraiser should be set particularly by law. In order to competitive healthily, the forensic institutions should be also given the rights like Medical Association, in medical tort identification. The authentication institution shall set up expert database and set down the identification rules in accordance with the law. The role of judicial review should be realized fully in the field of medical tort identification.