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在绝大多数医疗纠纷案件中,法官要对医疗行为违反诊疗护理规范、常规以及对医疗行为与损害结果之间存在因果关系作出令人信服的判断,离不开医疗损害鉴定意见这一关键依据。31但鉴定委托难、鉴定机构难受信任、鉴定程序不透明、鉴定意见不充分等问题长期困扰医疗纠纷案件的审判。本章重点阐述涉诉医疗损害鉴定的现实困境,提出未来改革涉诉医疗损害鉴定体制的若干建议,并结合现行法律规定与审判实践,提出审查医疗损害鉴定意见的原则、内容和具体方法。
In the vast majority of cases of medical disputes, judges make convincing judgments that medical practices violate the norms and practices of medical care, as well as the causal relationship between medical behaviors and the results of damage, and that this is the key basis for the appraisal of medical damages . 31 However, the problems of long-standing medical malpractice cases such as the difficulty of appraisal commission, the unreliability of appraisal agencies, the opaque appraisal procedures, the insufficient appraisal opinions, and so on. This chapter focuses on the practical dilemma of the medical damage appraisal, and puts forward some suggestions on the future reform of the medical damage appraisal system. In combination with the current legal provisions and trial practice, the author puts forward the principle, content and specific methods of appraising the medical damage appraisal.