论医疗损害鉴定中律师执业行为之规范

Preliminary discussion on the significance of standardizing lawyer′s practice morality in the practice of Medical damage Appraisal

目前,医疗纠纷发生后律师的介入时间越来越早。医疗损害鉴定进入诉讼程序前,律师会参与对病历资料的封存、计算赔偿费用、调解及协助签署调解协议等活动。进入诉讼程序后,参与医疗损害鉴定、对鉴定结论进行质证、进行法庭辩论以及代理上诉等。目前代理医疗纠纷案件的律师执业不规范的情形较多,执业道德缺失和缺乏有效的监管。笔者从第三方鉴定机构角度出发,对从事医疗纠纷代理律师的执业道德的规范和监管的意义进行初步探讨。

Currently,lawyers′intervention is becoming earlier in medical disputes.In medical injury appraisal,before entering lawsuit procedure,lawyers participate in the sealing of medical records.They also participate in the mediation between doctors and patients in medical dispute,compute relative compensation,and assist the signing of mediation agreement.Upon entering lawsuit procedure,lawyers participate in medical damage appraisal.After the conclusion being drawn and judgment being made,lawyers mediate and appeal on patients′behalf.However,currently,the majority of lawyers taking medical dispute cases showed lack of standardization,morality and effective supervision.This paper preliminarily looked into the significance of regulation and supervision of attorney agents in medical disputes,from the perspective of a third party-medical dispute appraisal institution.