续医费鉴定意见内容表达中的不当及矫正

INAPPROPRIATENESS AND CORRECTION IN THE EXPRESSION OF CONTINUING MEDICAL APPRAISAL

现行续医费鉴定意见仅写明续医费的具体数额,并未列明伤者后续所需的治疗项目和药物,实质上侵害了法官对损害数额的确定权。原本属于法官审判的医疗费事项作为专业事项交由鉴定专家处理,实质上是因为续医费请求权性质不明所致。续医费的实质是侵权损害赔偿中医疗费请求权的构成部分,在实体法上属于独立的请求权。从诉讼构成和诉讼标的层面看,续医费可以以单独提起诉讼的方式主张。续医费的确定应该由法官依据案情、结合伤者后续就医所需治疗项目和药品综合确定。续医费鉴定意见应改为伤者后续所需的治疗项目和相关药物,鉴定专家需要对相关价格进行标注,续医费的具体数额则应由法官根据案件具体情况综合酌定。

The current renewal medical fee appraisal opinion only specifies the specific amount of renewal medical treatment fee.It does not specify the treatment items and drugs required for the follow-up of the injured person,and in essence infringes on the judge’s right to determine the amount of damage.The medical expenses that were originally judged by the judges were handed to expert experts for handling as professional matters,which was essentially due to the nature of the right to renewal medical fees.The substance of the renewal medical fee is a constituent part of the claim for medical expenses in the compensation for infringement damage,and it is an independent claim right in substantive law.From the perspective of the composition of the lawsuit and the subject of litigation,the renewal medical fees can be claimed in a separate manner.The determination of the renewal medical fee shall be determined by the judge on the basis of the facts of the case,combined with the treatment items required for subsequent medical treatment of the injured person and drugs.The renewal medical opinion should be changed to the treatment items and related drugs required for the follow-up of the injured person.The appraisal expert needs to mark the relevant price,and the specific amount of the renewal medical fee should be determined by the judge according to the specific circumstances of the case.