关键词: 医疗事故技术鉴定, 司法鉴定, 鉴定模式

Abstract:

Medical （malpractices） disputes can be settled by applying different laws， owing to the dualistic modes of identification—the technical identification of medical malpractices， and the forensic appraisal; the result of a medical dispute， especially the amount of compensation， is likely to vary enormously in spite of the same facts. It is rather controversial whether the dualistic modes of identification will be terminated after the implementation of the Tort Liability Law， and whether the application of law will be unified by revising contradictory stipulations， interpretations and answers. As technical identification of medical malpractices and forensic appraisal have identical nature of evidence， it is necessary to view the technical “identification” of medical malpractices as an administrative procedure and further establish an identification mechanism for the settlement of medical disputes， for the purpose of demonstrating that the identification functions are merely the “ascertainment” of evidence and achieving the basic goal of sharing medical risks and balancing relevant interests.

Key words: Technical Identification of Medical Malpractices, Forensic Appraisal, Identification Mode