Discussion about judicial discretion in medical malpractice arbitration / 中华医院管理杂志

ABSTRACT

Results of medical malpractice arbitration are important evidence and proofs for public health departments and judicial institutions to handle properly disputes over medical accidents. Owing to the flaws that exist in the structure of medical malpractice arbitration, arbitration specialists sometimes find it difficult to accept the evidence and proofs. The author of the present paper suggests that judicial discretion be introduced in medical malpractice arbitration. When exercising judicial discretion, the specialists should comply with the following principles: (1)Review objectively the evidence and proofs provided by both the physicians and patients according to law. (2)Ensure neutral arbitration according to the ethics of arbitration. (3)Apply specialized knowledge, clinical experience and logical inference. (4)Make independent and lawful judgments and draw definite conclusions. Anyone who exercises judicial discretion should do so in the light of laws and regulations and bear corresponding legal responsibilities.