关键词: 医疗损害鉴定, 送鉴难, 双轨制, 审判质效

Abstract: In medical disputes, medical damage appraisal plays a crucial role in determining such aspects as the fault of medical behaviors, causation, scope of damage compensation, and liability allocation. However, predicaments such as difficulties in submitting cases for appraisal and long duration of appraisal have become prominent issues restricting the quality and efficiency of the trial of medical dispute cases in courts. Through an empirical analysis of medical dispute cases in the two-level courts of City H since 2024, it is found that medical damage appraisal has problems including an imbalance between supply and demand for appraisal, difficulties in initiating appraisal procedures, long appraisal cycles, and widespread disputes over appraisal conclusions. The root causes of the difficulties in submitting cases for medical damage appraisal lie in the non-smooth operation of the system, insufficient resource guarantee, and the failure to effectively establish a social trust mechanism. Therefore, it is necessary to take multiple measures in terms of integrating resources, improving systems, strengthening guarantees, tightening supervision, and diversifying dispute resolution, so as to solve the problem of difficulties in submitting cases for medical damage appraisal, enhance the quality and efficiency of the trial of medical dispute cases, and build a scientific and efficient medical damage appraisal system.

Key words: medical damage appraisal, difficulty in submitting for appraisal, dual-track system, judicial quality and efficiency