What is the process of medical malpractice judicial appraisal?

I. What is medical malpractice? 1, medical malpractice refers to medical institutions and their medical staff in medical activities, in violation of medical and health management laws, administrative regulations, departmental regulations and diagnosis and treatment norms, routines, negligence, causing personal injury to the patient accident. To determine whether it is a medical malpractice, it is necessary for the Medical Malpractice Appraisal Committee to appraise the case. 2, accident identification. Medical incident technical appraisal procedure is first of all the start of medical incident technical appraisal, the "Regulations" stipulates that, after the health administrative department receives the report from the medical institution on the major medical negligence or the request of the parties involved in the medical incident dispute to deal with the declaration of the medical incident dispute, the need to carry out the technical appraisal of the medical incident shall be handed over to the responsible medical association for the organization of the appraisal; the consultation between the doctor and the patient to settle the dispute over the medical incident, which needs to be carried out. Medical malpractice technical appraisal, by both parties *** with commissioned by the medical association in charge of the organization appraisal. Second, the medical malpractice judicial appraisal process According to the "judicial appraisal procedures General Rules (for trial implementation)", the application for judicial appraisal should follow the following procedures: (a) entrusted: judicial appraisal institutions and social professional judicial appraisal of the acceptance of the judicial authorities, engaged in the entrustment of the request for matters of the judicial appraisal; non-litigation cases of appraisal of the entrusted from the provisions of its industry. 1, the judicial appraisal institutions to accept the judicial organs, arbitration institutions of judicial appraisal entrusted. 2, in litigation cases, in the parties have the burden of proof, the judicial appraisal organization can also accept the parties of the judicial appraisal commission. The parties entrusted judicial appraisal generally through the law firm. (ii) acceptance of judicial appraisal organization receives the entrustment, the entrusted matters should be entrusted to the commissioner for examination, and make the following decisions: 1, for the acceptance of the conditions, can instantly decide to accept, the judicial appraisal organization shall with the commissioner to sign the judicial appraisal entrustment acceptance of the contract; 2, can't instantly decide to accept, should be issued to the commissioner of the judicial appraisal of the entrusted materials, in the receipt of entrusted materials within 7 days of the date of acceptance of the entrusted materials to whether or not to accept. Materials within 7 days from the date of receipt of the commission to decide whether to accept; 3, for does not meet the conditions for acceptance, decided not to accept, shall return the identification materials and explain the reasons to the client; 4, for the letter entrusted to the judicial appraisal institution shall be received within 7 days from the date of acceptance of the letter to make a written reply. (C) the initial appraisal agency accepts the case, the appraisal organization shall assign a social professional forensic appraisal qualification personnel to undertake the appraisal work, the same appraisal matters should be carried out by two social professional forensic appraisal qualification personnel. (d) Supplementary identification. (1) The judicial appraisal organization accepts the entrustment of supplementary appraisal, it shall examine the matters requested by the entrustee, and if it does not belong to the cases stipulated in Article 30 of the General Principles of Judicial Appraisal Procedures, the social professional judicial appraisal organization shall explain the situation to the entrustee and return the entrustment letter. 2、Supplementary appraisal conforms to the circumstances stipulated in Article 31 of the General Principles of the Judicial Appraisal Procedure, and the social professional judicial appraisal organization may designate the original appraiser to carry out the appraisal or assign other social professional judicial appraisers to carry out the appraisal, and the supplementary appraisal document is an integral part of the original appraisal document. Under one of the following circumstances, the judicial appraisal institution may accept the commission to conduct supplementary appraisal: (1) the discovery of new relevant appraisal materials; (2) the original appraisal project has been omitted. (E) re-identification. For reappraisal, the professional judicial appraisal organization shall require the client to provide the same materials as the original appraisal materials. Re-appraisal is still in the original social professional forensic institutions, can not be the original appraiser to undertake the re-appraisal of the matter. One of the following circumstances, the forensic identification agency can accept the commission, re-appraisal: 1, forensic identification agencies, forensic identification beyond the scope of forensic identification business or practice categories for identification; 1, sent to the identification of false or inaccurate materials; 3, the original identification of the use of standards, methods or instruments and equipment is not appropriate, resulting in the original identification of the conclusions of unscientific, inaccurate; 4, the original identification of the conclusions of the evidence with other There are contradictions; 5, the original forensic expert should be recused and did not recuse; 6, the original forensic expert due to fault issued by the wrong identification; (F) review identification. The identification of objections to the conclusions need to review the appraisal, other highly qualified forensic institutions can be entrusted to review the appraisal. Review appraisal in addition to the need to submit identification materials, should be submitted to the original forensic instruments. (G) the issuance of judicial identification documents. Judicial appraisal of the completion of the social and professional judicial appraisal work, shall issue judicial appraisal documents. The production of social and professional judicial appraisal documents shall comply with the "General Principles of Judicial Appraisal Procedures", Article 39, Article 40, Article 41, Article 42 of the provisions of the requirements. The original judicial appraisal instrument in triplicate, one of which is handed over to the principal, two of which are filed by the judicial appraisal organization. (H) Appearance in court The forensic expert shall appear in court on time as required by the judicial or arbitration authority. When the judicial expert appears in court, he should show the "judicial expert practice certificate", according to the law, the basis of the appraisal of factual explanation, to answer the appraisal of the relevant questions. To sum up, medical malpractice appraisal is not want to appraisal can appraisal, in addition to the specific objective facts to see, there is to comply with the relevant laws and regulations and specific procedures, to do fair, just and open, and will never harm the interests of the people, with the greatest legal conditions to protect the legitimate rights and interests of the victims are not infringed upon. This is also the principle of each of us, each legal system.