Who is looking for to identify medical disputes in Haikou?

First, who will identify in the process of hearing medical cases, once a medical dispute occurs, the court needs the assistance of medical knowledge to identify the facts of the case, so most of them rely on medical accident identification or judicial identification to find out the facts. Medical malpractice appraisal is an appraisal institution based on medical association and composed of various medical experts sent by hospitals. A medical accident appraisal committee is composed of experts randomly selected by both doctors and patients. After the appraisal, the appraisal institution shall be dissolved. The medical association is responsible for external affairs. The appraisal book is only stamped by the medical association, and there is no expert's name. Forensic appraiser is an appraisal institution approved by the provincial judicial administrative department in recent years, generally taking hospitals as the unit (re-appraisal must be approved by the provincial government). Another brand is called "Forensic Medicine Identification Center Branch", which is an identification institution composed of qualified and registered clinical experts in our hospital. Evaluation institutions and individual experts responsible for external implementation. Second, the pros and cons of the two appraisals are 1 for both doctors and patients, and the experts involved in the appraisal have different degrees of cognition. Although there is a discussion about "Laozi appraises for his son and protects himself" in the medical malpractice appraisal, the experts in the appraisal institutions of the Medical Association are randomly selected from different medical institutions, so they are not familiar with each other. Even if there are classmates and old colleagues, it is undeniable that there is a high degree of mutual supervision when discussing cases. However, because our forensic identification relies on a hospital and a unit, the experts involved in the identification are all colleagues of the same unit and are very familiar with each other under the same leadership. Expert conclusions are often put forward by experts with high professional titles, and expert conclusions can be formed without objection. The composition of mutual supervision is low. 2. The forms of external responsibility of experts are different. The forensic expert is permanent, and the expert certificate is stamped with the official seal of the unit and the personal seal or signature of the expert. Explain that the form of external responsibility is the unity of units and individuals, and you will inform me directly when you need to testify in court. Because the medical accident appraisal is a temporary organization, the experts who participated in the appraisal left after the appraisal meeting, and the appraisal book was issued by the medical association with a unified seal, and the experts who participated in the appraisal did not sign the appraisal book. It is often the organizer, not the expert, who is notified to testify in court. 3. The affiliation and start-up procedures of appraisal institutions are different. The principle of two-level appraisal and the province as the final judgment is implemented in the appraisal of medical accidents (that is, the first appraisal at the municipal level and the second appraisal at the provincial level). Entrusted by both parties or designated by the health administrative department. It is beneficial to both doctors and patients to identify before litigation, and it can save financial resources and litigation resources. However, there is no subordinate relationship between forensic authentication institutions, and they must accept the entrustment of judicial organs after filing a case. For the appraisal entrusted by one party, if the other party thinks there is a problem, it may propose a re-appraisal or entrust a re-appraisal institution in other places to conduct the appraisal. If there is no medical fault, the plaintiff (patient) will bear the double loss of paying appraisal fees and legal fees. Therefore, this kind of appraisal is suitable for medical disputes with obvious medical faults and high recognition and grasp. 4. The contents of disability grade and compensation standard are different. If there is a medical fault confirmed by a forensic doctor, a special disability assessment should be carried out. The basis standard is the content stipulated in the Appraisal Standard of Injury and Occupational Disease Disability Degree (GB/T 16 180-2006). After the medical accident is appraised as a medical accident with a grade of three or above, it is based on the Classification Standard of Medical Accidents (Trial) of the Ministry of Health. Although both of them have a disability level of 10, the content of medical accident disability is obviously lower than the standard of industrial injury and occupational disease. (Example: the interphalangeal joint at the distal end of any finger except the thumb is severed or loses its function; According to the standard of work-related injuries, it is rated as Grade 10 disability; According to the medical accident disability assessment standard, it is only a four-level medical accident, which does not constitute a disability level. ) On the compensation standard, the former is based on the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, while the latter is based on the Regulations on the Handling of Medical Accidents and its supporting regulations. Many compensation items are obviously lower than the former after calculation. From this point of view, it is obviously not good for the victim to calculate the loss according to the standard of medical accident disability compensation. Who will identify medical disputes in Haikou should be chosen according to their actual situation. Under normal circumstances, medical malpractice identification is mainly to identify whether the damage suffered by patients belongs to medical malpractice, and does not judge the responsibility, while judicial expertise will identify the responsibilities of both parties to medical disputes. The two identification methods have their own advantages and disadvantages, and patients should weigh the advantages and disadvantages before choosing.