How to choose to determine the Shanghai medical fault forensic institutions

How to choose to determine the Shanghai medical fault judicial appraisal organization

Medical malpractice, refers to the medical institutions and their medical personnel in medical activities, in violation of health care management laws, administrative regulations, departmental rules and diagnosis and treatment norms, routines, negligence caused by the patient's personal injury accidents. Determine whether the medical malpractice is currently required to identify the medical malpractice appraisal committee to determine

1. The most obvious difference between the original method and the new regulations on the definition of medical malpractice is that the former stipulates that constitute medical malpractice must lead to dysfunction, and the latter stipulates that it is the negligence of the patient's physical damage. The new provisions of the concept of medical malpractice extends significantly wider than the original, where illegal or unauthorized medical acts of negligence caused by the patient's personal injury are medical malpractice. In the past can not be recognized as medical malpractice caused by physical damage but did not cause functional impairment of medical damage, can now be designated as medical malpractice.

Regulations: the consequences of the damage does not have to reach a considerable degree, for example, pulling out the wrong tooth is also a medical malpractice, the parties can ask the hospital for compensation.

2. The main body of the accident is not limited to doctors, the regulations provide: the main body of medical malpractice is a medical institution and its medical staff, for example, in the process of patient treatment, because of problems with medical equipment, resulting in patients suffering damage also belongs to the medical malpractice.

Medical fault forensic institutions

The judicial appraisal in civil litigation refers to the people's court in the litigation on its own authority or at the request of any party, the appointment of people with specialized knowledge, skills, or special experience, the case involves some specialized issues for testing, identification and judgment. Medical infringement damages involved in the case of medical malpractice, medical institutions, medical behavior is at fault, medical behavior and the causal relationship between the consequences of damage to the appraisal of the scope of judicial appraisal, should be in line with the characteristics of the judicial appraisal, which should be initiated, should adhere to the principles of openness, justice and fairness. Appraisal of the material must be based on both sides of the court and authentication procedures; appraisal activities of the evidence is an open process, if necessary, held in both sides of the appraisal hearing system; appraisal of the effectiveness of the evidence of the conclusions must go through the court questioning procedures, the appraisal should be according to the law in court to answer the relevant questions raised by both sides of the litigation.

The Supreme People's Court "on the reference" medical malpractice regulations "on the trial of civil cases of medical disputes notice" provides that: the people's court in the civil trial, according to the party's application or ex officio decided to carry out the judicial appraisal of medical malpractice, referred to the regulations of the medical association organization appraisal. Where judicial appraisal is required for other medical compensation disputes arising from causes other than medical malpractice, appraisal shall be organized in accordance with the Provisions on the Administration of Judicial Appraisal Commissioned by the People's Courts. Medical malpractice findings, like other judicial appraisals, are "appraisal findings" as evidence. This kind of evidence after the trial, authentication, can only be used as the basis of the case. Whether constitute medical malpractice is not a prerequisite for medical tort damages. Even if it does not constitute a medical malpractice, but because of its behavior is at fault, and the consequences of the damage has a causal relationship, the medical institution should still bear the corresponding civil liability.

What is the judicial appraisal, how to choose the judicial appraisal institutions

At present, the law does not have a specific provision on the court commissioned appraisal Chongqing court reform after the implementation of the implementation stage is the use of on-site shakedown randomly selected to determine the evaluation of the auction institutions This can be learned But for you now this problem can only be objected to see if you can re-determine the appraisal institutions

I am the plaintiff, the lawsuit, apply for I am the plaintiff, the lawsuit, apply for medical fault judicial appraisal, the District Court ex officio medical fault judicial appraisal, I found that the judicial appraisal organization has violated

to the higher judicial organs to request re-appraisal.

Medical fault judicial appraisal institutions where to make the most authoritative

First-class hospital

How to choose the judicial appraisal of trade secrets and apply for judicial appraisal process

Judicial appraisal of trade secrets to choose the issue of the parties to the appraisal of the period of time for the people's court agreed to determine the appraisal of appraisal qualification appraisal institutions by the two sides of the consultation, Appraisal personnel, consultation fails, the people's court appointed. In the event of the statutory four circumstances, the parties may object to the appraisal of the appraisal department commissioned by the court and apply for re-appraisal of the appraisal conclusion.

The process of applying for judicial appraisal:

First, commissioned:

1, the judicial appraisal institutions to accept the judicial organs, arbitration institutions, judicial appraisal commission.

2, in litigation cases, in the case of the parties have the burden of proof, the judicial appraisal institutions can also accept the parties to the judicial appraisal commission. The parties entrusted judicial appraisal generally through the law firm.

Second, acceptance:

After receiving the letter of entrustment, the forensic identification agency shall examine the entrusted matters of the principal and make the following decisions:

1, for the acceptance of the conditions, can instantly decide to accept, the forensic identification agency shall sign a "contract of acceptance of the entrustment of the forensic identification" with the principal;

2, can not instantly decide to accept, shall issue to the principal a "contract of acceptance of the entrustment of the forensic identification". Shall issue to the principal of the judicial appraisal entrusted materials to receive and collect", within 7 days from the date of receipt and collection of entrusted materials to make a decision on whether to accept;

3, does not meet the conditions for acceptance, decided not to accept, shall return the appraisal materials and explain the reasons to the principal;

4, for the letter entrusted to the judicial appraisal institution shall, within 7 days from the date of receipt of the letter to make a Whether to accept the written reply.

Third, the initial appraisal

The forensic identification agency accepts the commission, the forensic identification agency designated by the forensic identification, or by the client application and the forensic identification agency agreed to the forensic identification to complete the commission.

Fourth, additional identification

In one of the following cases, the judicial identification agency can accept the commission, additional identification:

(1) the discovery of new relevant identification materials

(2) the original identification of the project has omitted

Fifth, re-assessment

In one of the following cases, the judicial identification agency can accept the commission, re-assessment:

In one of the following cases, the judicial identification agency can accept the commission. Re-appraisal:

(1) the forensic identification agency, forensic identification beyond the scope of forensic identification business or practice category for identification;

(2) sent to identify the material false or inaccurate;

(3) the original appraisal of the use of standards, methods, or instrumentation is not appropriate, resulting in the original identification of the conclusions of unscientific, inaccurate;

(4) (4) the original identification and other evidence contradictory conclusions;

(5) the original forensic appraisal should be recused but did not recuse;

(6) the original forensic appraisal due to fault issued by the wrong identification;

Six, review appraisal

the identification of objections to the identification of the need for review appraisal, the other higher-qualified forensic institutions can be commissioned to review appraisal. Review appraisal. Review appraisal in addition to the need to submit identification materials, should be submitted to the original forensic instruments.

VII, the issuance of forensic instruments

Forensic institutions in the legal or agreed upon appraisal period after the completion of forensic identification, forensic instruments should be issued on time. Judicial appraisal of the original instrument in triplicate, one of which to the client, two by the judicial appraisal organization archives.

VIII. Appearance

The judicial expert shall appear in court on time in accordance with the requirements of the judicial or arbitration organs. When the judicial expert appears in court, he or she shall present the Certificate of Practice of Judicial Appraiser. If you still have any questions you can private message me, I can recommend professional trade secret lawyer, itscourt

The choice of forensic identification agency

Hello: generally designated by the court or negotiated by the parties to determine. It is recommended that you make a request for an appraisal in court, so that the appraisal is more effective.

What is the medical fault judicial appraisal, medical fault judicial appraisal to how long

Medical fault judicial appraisal, refers to the people's court in the acceptance of medical damages in civil litigation cases, ex officio or at the request of any party, entrusted with the statutory appraisal qualifications of the affected party of the results of the medical damage claimed by the medical fault of the doctor with or without the causality of the specialized issues of analysis, judgment, and provide conclusions. And provide identification of the activities of the conclusion.

The judicial appraisal needs to be commissioned by the court and consult the parties, you can urge the court to commission early. The first thing you need to do is to get the information you need from the court, and then you need to get the information you need from the court. The judicial appraisal of medical disputes generally takes longer, because medical dispute cases have their own complexity, if you are fighting the relationship of medical disputes, then you may have to wait for a longer period of time, most likely 1-2 years.

hu medical fault judicial appraisal

Now after the implementation of the "Tort Law", you can completely avoid the medical malpractice appraisal, "the Supreme People's Court on the application of the tort liability law on a number of issues of the notice" Article 3 provides: "Third, the people's court applies the tort liability law to hear civil dispute cases, according to the application of the parties or ex officio decision to carry out medical damage. appraisal, the appraisal shall be organized in accordance with the Decision of the Standing Committee of the National People's Congress on the Administration of Judicial Appraisal, the Provisions on the Administration of Judicial Appraisal Commissioned by the People's Courts to Foreign Parties, and the provisions of the relevant departments of the State". Commissioned judicial appraisal of the relevant provisions of the regulations, such as the signature of the expert, so that medical disputes can only be medical forensics, you can rely on this defense, refused to do medical malpractice appraisal.