Analysis of and inspiration from differences in technical appraisals of malpractice / 中华医院管理杂志

ABSTRACT

The adoption of the system of multi-technical appraisals of malpractice means that the appraisals made each time, which constitute the key basis and evidence for the health administrative departments and the judicial organs to deal with medical disputes, are of legal validity as proof. By analyzing the causes of the differences in the appraisals of certain cases, the authors argue that a correct understanding of the definition of malpractice is the key to a correct determination of it; an appropriate application of the principle of allocating the burden of proof is the key link in the technical appraisal of malpractice; perfection of Regulations on Handling Malpractice, Standards for the Classification of Malpractices, and Temporary Provisions on the Technical Appraisal of Malpractice is the basis of correct and impartial appraisals; and a good grasp of the gist of rules and regulations and appraisal according to law is the guarantee for a correct determination of the nature of malpractices.