A restricted view on the identification of litigation cases of traditional Chinese medicine in the Republic of China: a case study of Yan Yulin

Abstract

Medical appraisal is one of the important means to determine whether there are faults in medical behavior and to deal with medical disputes. The issue of whether the medical lawsuit of traditional Chinese medicine should be submitted to traditional Chinese medicine, western medicine or forensic identification began to be debated since the Republic of China. With the efforts of the traditional Chinese medicine community, the Prescription Appraisal Committee of the National Medical Center of the Republic of China was established, which obtained the peer appraisal right for the lawsuit of traditional Chinese medicine. This paper takes the case of Yan Yulin's negligence causing death, which was sent by Shandong High Court to the National Medical Center in 1937, as an example, to explore the general situation of the identification system of the traditional Chinese medicine litigation in the period of the Republic of China, in order to provide reference for the establishment of the judicial identification system of medical damage in traditional Chinese medicine.