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由于我国对医疗损害鉴定机制的立法尚未出台,饱受争议的“二元化”鉴定问题长期存在,医学会与司法鉴定机构共同开展医疗损害鉴定。因为立场和鉴定人资质的不同,时常会出现对同一案件作出的鉴定结论大相径庭,导致案件审理不公,加深了医患矛盾、加重了社会经济负担。本文着重探讨几条使医疗损害鉴定二分归一的可行途径,以期维护和谐医患关系及保证司法公正。
Due to the fact that our country has not promulgated the legislation on the identification mechanism of medical damage, the controversial issue of “duality” appraisal has existed for a long time. Medical associations and forensic institutes jointly carry out medical damage appraisal. Because of their differences in positions and qualifications of appraisers, the appraisals often made on the same case have very different conclusions, leading to unfair trial of the case, deepening the contradiction between doctors and patients, and aggravating the social and economic burden. This article focuses on a few feasible ways to make the identification of medical damage one by one in order to maintain the harmonious relationship between doctors and patients and ensure the judicial fairness.