Research on the Identification of Medical Damage Cases

Abstract

Medical disputes are acute social problems caused by many factors. With the further deepening of the reform of the medical system, doctor-patient conflicts have become more prominent, and their common manifestation is the dispute over the attribution of medical accidents. How to prevent disputes, alleviate medical conflicts, properly deal with medical tort cases, and improve and refine the legal mechanism of doctor-patient conflicts are particularly important. For a long time, due to the complex and professional characteristics of medical damage cases and the status difference between doctors and patients, and the application of medical damage compensation law involving a large number of professional and complex evidence issues, it has become the primary problem for the district court to accurately grasp the evidence of the case in medical tort litigation, and rationally use the evidence to make a fair judgment. The crux of medical disputes lies in the evidence problem. In view of the strong professionalism in medical disputes, expert opinions and expert assistants' opinions often become the core evidence, and their accurate examination and judgment become the top priority in the settlement of medical damage cases. At present, the appraisal of medical damage faces many specific difficulties and challenges. Therefore, this paper advocates the introduction of a reasonable dialogue mechanism between technology and rules, such as evidence-based evidence from the medical perspective of technology, auxiliary rules construction.