Zhejiang: Can trust the third party to damage and appraise medical treatment while engaging in doctors and patients' lawsuit

Zhejiang: Can trust the third party to damage and appraise medical treatment while engaging in doctors and patients' lawsuit
Zhejiang: Can trust the third party to damage and appraise medical treatment while engaging in doctors and patients' lawsuit
Once the medical dispute took placing, it was to apply for the malpractice to appraise that it was most afraid that the patient went to court in the past, because a lot of experts may be doctors in the medical association, how high the qualification credibility which they make will be!, if the judge basically settles a lawsuit with the expert's conclusion of medical association, so judicial authority will be queried. Yesterday ( The 13th) ,(Zhejiang) Province Supreme Court holds the news briefing, has announced province Supreme Court released a few days ago <>(hereafter referred to as " opinion ") . From July 1 this year, when the court tries the medical dispute, no longer adopt the malpractice to appraise as the evidence, patient and hospital can choose the social judicial appraisal organization to do in unison in unison " Medical treatment is damaged and appraised " ,Except that medical treatment is appraised, in the " the opinion " that Supreme Court release until " whether the intersection of liability for tort and the intersection of law and " relevant " medical treatment damage responsibility " province China has not made the question of the detailed regulation to fault responsibility, burden of proof,etc., have carried on the unified norm. " opinion " stipulates, in the future, patients will be damaged to mention what infringed will be told because of the medical behavior, will determine as in unison " The dispute of medical compensation for damage " ,And is covered by " law of liability for tort " and confirm the responsibility of compensation for damage in unison. "This has totally abandoned original ' dualization ' and handled the mode, it does not influence the case to try again whether the medical behavior forms the malpractice. " Save a front yard presiding judge Xu HuiChun, member of a nationality of Supreme Court, and say, the professional question of medicine involved to the case, the court can apply according to the party or decide, trust medical association or other social judicial appraisal organizations in accordance with the functions and powers, go on in unison " Medical treatment is damaged " Appraise, and no longer carry on " malpractice " Qualification. Meanwhile, in order to guarantee accuracy and fairness appraised, the court can require the appraisal organization to hold the hearing, the surveyor should appear in court to accept the party addresses inquires to, the party can apply for the expert assists cross-examination,etc.. "Whether the hospital has fault, should bear the responsibility of compensation for damage, it is the key to hearing a medical dispute case. " Xu HuiChun says, " opinion " not merely stipulates the corresponding attention obligation that the medical organization should be tried in the activity of making a diagnosis, also stipulate under its situation of implementing surgery to the patient or checking and treating, having many kinds of healing solutions and having greater risks specially etc., should tell the essential situation in rational way to one party of a patient, otherwise, the court asserts it has fault, bear corresponding compensation responsibility. " opinion " stipulates, the party has no reasonable ground to refuse to cooperate and appraise, refuse to submit the evidence material of case history materials,etc. held by it at the same time, refuse to disagree with, not cooperate with evidence materials such as the case history materials, on-the-spot material object,etc. together sealing, forge, distort, destroy or with other ones that do not want to be content that the way changes the case history materials, should bear the corresponding and unfavorable lawsuit consequence. (one is revitalized flat Chen Yang the root)


|