Medical treatment damages the administration of justice of responsibility and practises five big problems prominently

Medical treatment damages the administration of justice of responsibility and practises five big problems prominently
The law of liability for tort carrying out from July 1 last year, face 5 big problems in medical treatment damages the judicial practice that responsibility asserts at present. A few days ago, the professional committee of association's medical legal system of Chinese hospital held the special seminar, the numerous experts from administration of justice, medical treatment, management organization have analyzed these questions, and hope to issue relevant judicial explanation as soon as possible.
These 5 big problems are: Medical treatment damages the burden of proof in the judicial practice of responsibility to assign, need to fulfil range and content of telling the obligation in the know according to the medical organization that article 55 of law of liability for tort stipulates, the intersection of compensation and question that medical treatment damage, how excessive medical treatment and medical treatment damage qualification and qualification of appraisal organization prove the strength issue.
Take most outstanding qualification question as examples. The expert from court thinks, medical treatment damages responsibility the subject problem asserted is concentrated on qualification, after the law of liability for tort is implemented, solve and was condemned more qualification dualization problems in the past, but another inclination has appeared again, namely basically only do judicial expertise, the qualification of the medical association is desalinized. And the storehouse of expert of the medical association is also here, are basically all clinical experts in expert's storehouse, and the qualification procedure norm of the medical association, these advantages which medical association appraise. There is a problem too at present in judicial expertise, it is only a trade norm as carrying out, the concrete procedure is not complete yet. The expert hopes to be appraising this important link, can fully make good use of existing resources, make medical verification organic with judicial expertise and combine, improve the authoritativeness appraised together.
" who maintain who puts to the proof " some experts suggest, as to distribution of the burden of proof, should follow Principle,yes some "intermediate zone" Take differently and distribute the method, if some are mainly put to the proof by the hospital in hospital, the clinic part is put to the proof by the patient. About how about tell and excessively treat the question, the expert is controversial. They think, in respects such as how to, qualification of the case history true and false, how to define excessive medical treatment to perform duty of telling at present, the difficulty operated in practice is relatively great.
It is reported Ministry of Public Health trust Chinese the intersection of hospital and the intersection of association and the intersection of legal system and professional committee to organize, launch the intersection of liability for tort and law implement the intersection of course and Chinese medicine treat, damage the intersection of responsibility and research of problem already, offer basis on which the Supreme People's Court makes relevant judicial explanation and related departments to make the policy.
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