In fact, there is one reason, medical malpractice appraisal is less money. I will explain the reasons in detail.
1, medical malpractice appraisal is a product of history, may be eliminated, may be modified
Before the Cultural Revolution, the doctor's accident is the Health Bureau to solve. In the 1980s, the medical malpractice regulations, the medical association is responsible for medical malpractice appraisal. But the medical association in essence is not an independent civil organization. Their salaries are still paid by the Health Bureau. The Health Bureau can still influence the appraisal to a considerable extent. Especially in recent years, the local protection of the whole country are very strong. Patients across the country have a lot of opinions. Many cases are not identified on the medical malpractice.
So in the last 10 years, many court judges abandoned the medical malpractice appraisal, and made the judicial fault appraisal, so that a large number of patients were compensated.
By 2010, the Tort Liability Act came into force, abandoning the concept of medical malpractice in favor of the new concept of medical damage. Most judges across the country then adopted judicial fault determination. There were three legislative experts on this tort liability law, and when they taught, they said, "We just want to phase out the concept of medical malpractice, phase out medical malpractice appraisal. But the medical malpractice regulations are made by the State Council, and they have to announce themselves if they want to eliminate it. But it's good for the judges, tort liability law is the law, medical malpractice regulations are the regulations, the law is higher than the regulations, the judges have the law they can not enforce the regulations.
The tort liability law has been in effect for four years, and how it is implemented requires a special judicial interpretation. This draft interpretation has long been out, is not yet in force - there is a lot of resistance. Health does not recently intend to take positive action to protect the interests of doctors and hospitals, plans to amend the medical malpractice regulations. In short, how to fight medical lawsuits will also be messy for a while.
2, the medical malpractice appraisal threshold is very high, the protection of doctors have more than enough to protect the patient
The advantages of medical malpractice appraisal is that the fee is cheap, allowing an appraisal of dissatisfaction with the application for re-appraisal. Medical malpractice appraisal of the first appraisal is not out of the city, the second appraisal is not out of the province. But the conclusion of this appraisal of the majority of hospitals and patients satisfied with the dissatisfaction. Especially the first appraisal is more prominent.
There are three reasons:
One is the local identification experts and local hospitals are very familiar with. A city, is not a big place, the big hospitals are only two or three. So there is often the case that today you appraise me, tomorrow I appraise you.
Second, compared to the judicial appraisal are national or provincial experts, medical malpractice appraisal expert level to be poorer, on many difficult issues do not dare to speak, do not dare to say that the hospital has a problem.
Thirdly, many local health bureaus have a clear message that they will not allow the medical association to investigate hospitals. I myself have met such a situation.