关键词: 医疗损害, 损害后果, 残疾评定, 二元化

Abstract: At present, there is a phenomenon of “dualization” in medical damage appraisal. The main body of medical damage appraisal includes the medical associations and judicial appraisal institutions. In the practice of appraisal, the client often requires an appraisal body to quantify the consequences of personal injury to patients who are still alive.  The commonly used quantitative method in practice is disability rating. However, in the practice of medical damage appraisal, the applicable standards for disability rating are not uniform.The disability grades may be inconsistent, which is easy to cause confusion and disputes, and is not conducive to the proper handling of medical injury cases. This paper will start from the problems existing in the quantitative assessment of the damage consequences conducted by medical associations and judicial appraisal institutions in medical damage appraisal cases, discuss the subject of disability assessment of damage consequences and the application of standards, and hope to provide unified and standard reference opinions for solving the problem of medical damage compensation, promote the smooth progress of litigation, and help efficiently resolve disputes between doctors and patients.

Key words: medical damage, damage consequence, assessment of disability, dualization