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Medical damage identification system reform ideas
—— in the tort liability law perspective
2013(2):
112-116.
Abstract: the tort liability law implementation does not solve the medical dispute appraisal system "thus" problem, medical association medical accident technical appraisal and judicial authentication institutions medical treatment fault identification two system, both to the processing of medical disputes. Constructing China's medical disputes "unified" appraisal system, the appraisal institutions, appraiser and the management way is to reform the key points. Because of the tort liability law has established "the medical damage compensation" terms, the name of the appraisal should be changed to "technical appraisal of medical damage". Make full use of the existing resources from identification and two types of appraisal system advantage based on concept, should by medical association lead form "medical damage technical evaluation institutions", its "expert" by conform to the National People's Congress standing committee on the management of judicial authentication decision "the provision of the medical and pharmaceutical, forensic medicine professional and technical personnel to my application for the select judicial administrative organ of the administrative management, public health administrative organs and the medical industry management, and in the current identification system based on the absorption of perfect appraisal procedure, increase the appraisal content.
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