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.

Practical Straits of the Forensic Examination in China

With the revision of the Criminal Procedural Law of the PRC and the Civil Procedural Law of the PRC in 2012,it has entered a new historical stage of litigation system and made significant progress in forensic examination system in China.However,for a long time,the illegal forensic examinations have been commonly seen in forensic practice,the right to start the forensic examination process only lies with public security and judicial authorities,while the parties only have the limited right to apply for supplementary forensic examination or re‑examination.To the problem of experts’refusal to appear in court to testify,the Criminal Procedural Law and the Civil Procedural Law have further improved the expert testimony system,but the situation has not fundamentally changed.To compensate for judges’lack of knowledge of professional issues,the expert advisor system is introduced,but there are no workable rules.Besides,judges depend too much on and accept the expert opinions blindly become a common phenomenon in the proceedings.

RESEARCH ON THE PROMOTION SYSTEM OF IPR STRATEGIES FOR GENETIC RESOURCES

The competition for interests on intellectual property rights of genetic resources among developed countries, developing countries, traditional communities, and tribes has now become an environmental economic dialogue in the area of genetic resources and also become a new commanding height to countries and stakeholders in this area. The protection strategies for the intellectual property rights of genetic resources, together with the relevant institutional arrangements, serve as a retrospect to and a redefinition of ＂the generation and accumulation of historical treasures＂ and also a ＂redemption to the history＇： These strategies should be systematic, as given the ＂diachronicity＂ of genetic resources and the multanimity of stakeholders, and cover the following seven aspects： consolidating the environmental connotation of IPR strategies and deepening the value targets; advancing mutual assistance between statutory laws and folk laws＂ and reflecting the folk resources relevant to the governance by law,＂ introducing the methodology of collectivism so as to restrain individualism; preserving traditional knowledge and expanding the scope of objects to be adjusted; establishing a new type of right, namely the property rights in genetic information,＂ improving safeguard procedures which include the prior informed consent and the disclosure of origin; and strengthening reviews to the environment where the intellectual property system of genetic resources operates. Through these efforts, we can promote the IPR strategies for genetic resources on multiple levels.

Estimation of the Postmortem Interval by Measuring Blood Oxidation‑reduction Potential Values

Accurate estimation of the postmortem interval(PMI)is an important task in forensic practice.In the last half-century,the use of postmortem biochemistry has become an important ancillary method in determining the time of death.The present study was carried out to determine the correlation between blood oxidation-reduction potential(ORP)values and PMIs,and to develop a three-dimensional surface equation to estimate the PMI under various temperature conditions.A total of 48 rabbits were placed into six groups and sacrificed by air embolism.Blood was obtained from the right ventricle of each rabbit,and specimens were stored at 10℃,15℃,20℃,25℃,30℃,and 35℃.At different PMIs(once every 4 h),the blood ORP values were measured using a PB-21 electrochemical analyzer.Statistical analysis and curve fitting of the data yielded cubic polynomial regression equations and a surface equation at different temperatures.Result:The results showed that there was a strong positive correlation between the blood ORP values at different temperatures and the PMI.This study provides another example of using a three-dimensional surface equation as a tool to estimate the PMI at various temperature conditions.