关键词:  , 医疗损害；司法鉴定；鉴定制度

Abstract: Abstract: Objective According to operating condition of tort liability law in the people's court and actual situation of the judicial identification of medical harm, this article provided a train of thought and countermeasure how to establish a suitable medical damage judicial identification system for China's national conditions. Methods 46 cases were analysed from our institute since 2010 July, all which were entrusted by people's court with the cases of medical damage identification, in the meantime we also combined with the people's court use situation. Results a total of 26 cases（56.6%）, involved in surgery;93.5% cases existed certain medical fault, and existed Causal relationship between medical fault and damage results, most of which were slightly Causal relationship; the people's court adoped 93.4% of total of cases, simultaneously also reflected a question that some cases were timeout. Conclusion The people's Court was satisfied with Identification System of Medical Damage, but two models in identification system of medical damage still existed since tort liability law promulgated, so this article suggested that a unified approved medical damage identification system should be established.

Key words: Key words: medical damage, forensic identification, identification system