关键词: 医疗损害鉴定, 二元结构, 中立性, 统一性

Abstract: Medical damage appraisal, one of the crucial links in medical disputes, serves as the scientific basis for resolving such disputes and is also one of the major issues in medical dispute complaints. This paper focuses on the dual structure of medical damage appraisal entities, namely the coexistence of medical associations and judicial appraisal institutions, and delves into its formation background, operational drawbacks, and core issues. The study reveals that the dual structure suffers from problems such as unequal legal status, inefficient resource allocation, intensified doctor-patient confrontation, and frequent conflicts in conclusions, leading to practical predicaments such as the lack of neutrality, absence of uniformity, procedural obstacles, and deficiencies in quality assurance mechanisms. Therefore, taking the medical damage appraisal work in Shanghai as a sample, and combining judicial practice with theoretical research, this paper proposes an optimization path oriented towards neutrality, uniformity, and professionalization. It aims to establish a scientific and reasonable system for medical damage appraisal entities, provide theoretical support and practical solutions for resolving the predicament of “difficult and disorderly appraisal”, and facilitate the efficient resolution of medical disputes and the improvement of doctor-patient relationships.

Key words: medical damage appraisal, dual structure, neutrality, uniformity