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近年来,由医疗事故纠纷引起的社会问题日益突出,社会上关于增加医疗事故鉴定透明度与公平性的呼声也日益高涨。由国务院1987年制定的《医疗事故处理办法》和卫生部1988年发布的《关于<医疗事故处理办法>若干问题的说明》及相关司法解释构成的我国现行医疗事故处理法律制度已严重滞后于社会经济的发展,完善医疗事故鉴定体制已刻不容缓。1 报载某市3岁病人黄某在就医时,留下手足指趾全部坏死的终身残疾,该市“鉴定委”鉴定属于二级甲等医疗事故,双方均不服:病人家属遂向市中级人民法院起诉,而医方向省“鉴定委”提请鉴定的结果是“不属医疗事故”。最后,法院委托某大学法医学院进行的综合评定为四等伤残,并依此判定赔偿病人17万元人民币。对此,医方不服法院判决,认为省级“鉴定委”的鉴定是终级鉴定,应为处理医疗事故纠纷的
In recent years, social problems caused by medical malpractice disputes have become increasingly prominent, and there has also been growing calls for increased transparency and fairness in the identification of medical accidents. The legal system for the treatment of medical malpractices in China, which has been formulated by the State Council in 1987 under the “Medical Accident Handling Measures” and the “Notes on Certain Issues concerning Medical Malpractices” issued by the Ministry of Health in 1988, and related judicial interpretations, has lags far behind the society. The development of the economy and the improvement of the system for the identification of medical accidents are urgently needed. 1 When reporting for medical treatment, a 3-year-old patient named Huang in the city left his hand, foot, and fingertips with necrosis and life-long disability. The city’s “appraisal committee” identified him as a Class A medical malpractice. Both parties were dissatisfied: The people’s court lodged a lawsuit, and the doctor’s direction to the provincial “assessment committee” for the identification of the result was “not a medical accident”. Finally, the court commissioned a university forensic medical school to perform a comprehensive assessment of fourth-degree disabilities and decided to pay a compensation of RMB 170,000. In this regard, the medical authorities were dissatisfied with the judgment of the court and held that the appraisal of the provincial “appraisal committee” is final and should be used to handle medical malpractice disputes.