Should Patients Carry the Burden of Proof When Medical Disputes Arise?

Rigorous debates have followed the formulation of a new law that changes the way Chinese courts handle medical disputes.The draft Tort Liability Law,which is being deliberated by the National People’s Congress(NPC),China’s top legislature,deals with when a person/organization can be sued

Study on Multi-Label Classification of Medical Dispute Documents

The Internet of Medical Things(IoMT)will come to be of great importance in the mediation of medical disputes,as it is emerging as the core of intelligent medical treatment.First,IoMT can track the entire medical treatment process in order to provide detailed trace data in medical dispute resolution.Second,IoMT can infiltrate the ongoing treatment and provide timely intelligent decision support to medical staff.This information includes recommendation of similar historical cases,guidance for medical treatment,alerting of hired dispute profiteers etc.The multi-label classification of medical dispute documents(MDDs)plays an important role as a front-end process for intelligent decision support,especially in the recommendation of similar historical cases.However,MDDs usually appear as long texts containing a large amount of redundant information,and there is a serious distribution imbalance in the dataset,which directly leads to weaker classification performance.Accordingly,in this paper,a multi-label classification method based on key sentence extraction is proposed for MDDs.The method is divided into two parts.First,the attention-based hierarchical bi-directional long short-term memory(BiLSTM)model is used to extract key sentences from documents;second,random comprehensive sampling Bagging(RCS-Bagging),which is an ensemble multi-label classification model,is employed to classify MDDs based on key sentence sets.The use of this approach greatly improves the classification performance.Experiments show that the performance of the two models proposed in this paper is remarkably better than that of the baseline methods.

Analyses of Medical Malpractice in Judicial Appraisal: 505 Cases

The purpose of this paper is to investigate and analyze the current situation of medical malpractice and make suggestions for preventative measures from a judicial appraisal standpoint.From 2002 to 2011,we conducted and analyzed 505 medicolegal malpractice experiments at the Fada Institute of Forensic Medicine and Science(FIFMS)in Beijing,People’s Republic of China(PRC).We found that the occurrence of medical disputes in surgical and obstetrical/gynecological cases seemed more frequent.The main causes of medical disputes included issues regarding medical ethics,poor quality of the medical staff,equipment malfunctions,and dereliction of duty by the medical personnel.The reasons for dissatisfaction varied among the different levels of medical service.Basic medical services garnered the most complaints.If we can work to improve the moral and professional standards of the medical staff members,intensify their ethics,and foster good relationships between patients and medical professionals,the quality of medical care would improve and the number of disputes regarding medical services would be reduced.

Confrontation and Integration: The Present and Future of Forensic Examinations on Medical Damage in China

In China,two administrative regulations and judicial interpretations related to forensic examinations of medical damage were issued from March 2017 to June 2018.In chronological order,they were interpretation of the supreme people’s court on several questions concerning the application of law in the trial of disputes over liability for medical damage and regulations on the prevention and handling of medical disputes.Those two laws,especially the regulation,have had a fundamental impact on the pattern of forensic examinations on medical damage.This paper systematically reviews the current status and existing problems with forensic examinations on medical damage following implementation of the law of tort liability;it discusses new concepts of procedures,institutional arrangements,and the selection of examiners for forensic examinations on medical damage.We believe that through the regulation,the dualistic confrontation status of forensic examinations on medical damage will gradually change toward integration.We consider that forensic examinations of medical damage will face three challenges in the future:(1)enhancing the establishment of standards;(2)undertaking theoretical research into forensic examinations onmedical damage;and(3)promoting the development ofinterdisciplinary identification specialistsmajoring in both medicine and law.Only in this way will it be possible to rectify the current dilemma with forensic examinations on medical damage in China.