医疗事故技术鉴定与医疗损害鉴定的焦点问题探讨

Discussion on the Focus of Medical Malpractice Technical Appraisal and Medical Damage Appraisal

医疗事故技术鉴定与医疗损害鉴定二者的概念容易引起混淆,但实质上有诸多差异,医疗事故技术鉴定与医疗损害鉴定存在着鉴定目的、鉴定依据、鉴定机构、鉴定意见和鉴定意见出具形式的不同。随着我国医疗损害鉴定制度的发展,《医疗纠纷预防和处理条例》的实施结束了民事侵权领域医疗纠纷鉴定的二元化,关于医疗纠纷的鉴定统一为医疗损害鉴定,只有鉴定机构的不同而没有名称的差别。而在《医疗纠纷预防和处理条例》与《医疗事故处理条例》并行的背景下,如何把握医疗事故技术鉴定的主要用途与处理好生效判决后的鉴定委托成了实践中亟待解决的问题,所以医疗事故技术鉴定与医疗损害鉴定二者的衔接就成为医疗纠纷鉴定领域探讨的关键点。

The concepts of medical malpractice technical appraisal and medical damage appraisal are easy to cause confusion,but there are many differences in substance,and there are differences in the purpose of appraisal and the appraisal basis of medical malpractice and medical damage appraisal,as well as the appraisal institution,appraisal opinion and the form of issuance of appraisal opinion.With the development of China’s medical damage appraisal system,the implementation of the Regulations on the Prevention and Handling of Medical Disputes has ended the dualization of medical dispute appraisal in the field of civil tort,and the appraisal of medical disputes is unified into medical damage appraisal,with only the difference in appraisal institutions and no difference in name.In the context of the parallel Regulations on the Prevention and Handling of Medical Disputes and the Regulations on the Handling of Medical Accidents,how to grasp the main purpose of medical malpractice technical appraisal and deal with the appraisal entrustment after the effective judgment has become an urgent problem to be solved in practice,so the connection between medical malpractice technical appraisal and medical damage appraisal has become a key point in the field of medical dispute appraisal.