关键词: 医疗损害赔偿责任, 医疗事故技术鉴定, 法医学鉴定

Abstract: There exist conflicts in laws and regulations concerning the settlement of medical disputes, and this creates conditions for the existence of the multi-system and multi-level uncoordinated appraisal structure. The scope of medical malpractice stipulated by Rules and Regulations for the Treatment of Medical Malpractice is too narrow to satisfy the requirement of civil proceedings. To avoid administrative punishment, some medical institutions give up technical appraisal of medical negligence, and enter instead medicolegal expertise of medical treatment mistakes. There are defects in the system of technical appraisal for medical negligence; at the same time, there also exist problems of one sidedness and limitation in the system of medicolegal expertise. It is proposed that a unified appraisal system of medical impairment compensation be established to provide suitable service in civil trials and avail the treatment of medical disputes.

Key words: compensation liability of medical malpractice, technical appraisal of medical negligence, medicolegal expertise