摘要
目的:廓清《中华人民共和国侵权责任法》实施以来广东省医疗损害责任纠纷中医疗损害鉴定制度的司法实践现状,探讨其存在的问题。方法:采用文本分析和文本计量等方法,将1287例医疗损害责任纠纷中医疗损害鉴定的关键信息录入EXCEL表格并进行统计和分析。结果:各级医学会和各类司法鉴定机构共受理了1026例医疗损害责任纠纷的医疗损害鉴定,其中250例存在重复或多次鉴定现象。其中,各级医学会受理了217例医疗损害责任纠纷的医疗事故鉴定,5例不予受理或被退卷, 87例鉴定结论为医疗事故,医疗事故认定率为40.09%。各级司法鉴定机构受理了701例医疗损害责任纠纷的医疗过错鉴定,22例不予受理或被退卷,635例鉴定结论为医方存在医疗过错或医疗不足,医疗过错认定率为90.58%。结论:司法诉讼实践中存在比较严重的"鉴定依赖"和"以鉴代判"现象;多次鉴定、重复鉴定耗财耗时,推高诉讼成本;鉴定机构不予受理或退卷既有客观原因,也有主观原因。
Objective: To clarify the current situation of judicial litigation practice of medical damage identification in Guangdong province since the implementation of Tort Liability Law of the People’s Republic of China, and to explore its existing problems. Methods: Using text analysis and text measurement methods, the key information of 1287 medical damage liability disputes were input into the Excel form software for statistical analysis. Results: 1026 cases of medical damage liability disputes were accepted for medical damage identification by medical associations at all levels and various judicial appraisal agencies, of which 250 cases were duplicated or repeatedly identified. Medical associations at all levels accepted 217 medical damage liability disputes for medical damage liability disputes, 5 cases were rejected or withdrawn, 87 cases were identified as medical accidents, and the rate of medical accidents recognition was 40.09%. Judicial appraisal agencies at all levels accepted 701 medical damage liability disputes for medical fault identification, 22 cases were rejected or withdrawn, and 635 cases were identified as medical fault or medical malpractice. The rate of medical fault was 90.58%. Conclusion: There are serious problems of "medical damage identification dependence" and "judging by medical appraisal agencies instead of by judge" in judicial litigation practice. Multiple medical damage identifications and repeated medical damage identifications waste money and time, and push up the cost of judicial litigation. There are both objective and subjective reasons for rejection or withdrawal of medical appraisal agencies.
作者
张彩霞
苏涵
Zhang Caixia(School of Economics and Management,Guangzhou University of Chinese Medicine,Guangzhou,510006)
出处
《医学与社会》
北大核心
2019年第12期126-130,共5页
Medicine and Society
基金
广东省哲学社会科学“十三五”规划一般课题资助项目,编号为GD17CSH105
关键词
医疗损害责任纠纷
医疗事故鉴定
医疗损害鉴定
广东
Medical Damage Liability Dispute
Medical Malpractice Identification
Medical Damage Identification
Empirical Analysis
Guangdong
