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在日益增多的医疗纠纷中,尸检对于明确患者的死亡原因、探究医疗行为是否存在过错具有十分重要的作用。告知尸检已成为医方一项重要的法定义务。在尸检告知的过程中,应注意告知的情形、时间,向患方明确尸检是患方的权利、告知尸检是医方的义务,以及拒绝尸检的后果等,实际操作中还应掌握一定的技巧,并注意采取书面告知的形式。尸检告知在医疗损害赔偿案件的法律诉讼中也发挥着重要的作用。医方举证证明其已依法履行尸检告知义务,既是判定患方是否拒绝或拖延尸检的事实依据,也是对影响死因判定的后果由谁承担责任的关键。患方签署的尸检同意书及其它说明患方意思表示的材料已成为诉讼中医方的重要证据。是否告知、如何告知直接关系着诉讼中尸检告知证据应用的证明力,是处理医疗纠纷及由其引发的医疗诉讼案件的关键。
In an increasing number of medical disputes, autopsy is very important for clarifying the cause of death of patients and for exploring the existence of fault in medical behaviors. Informing the autopsy that medical authority has become an important legal obligation. In the process of informing the autopsy, we should pay attention to the situation, time, clear the autopsy to the patient is the patient’s right to inform the autopsy is the medical obligations, as well as the consequences of rejecting the autopsy, the actual operation should also acquire certain skills , And pay attention to the form of written notice. An autopsy also said that it also plays an important role in legal proceedings in cases of compensation for medical damages. Medical evidence to prove that it has legally performed the obligation of post-mortem notification is not only the basis for determining whether the patient refuses or delays the autopsy, but also the key to influencing the consequences of the cause of death by who will assume the responsibility. The autopsy consent signed by the patient and other materials that indicate the patient’s intention have become important evidence of the Chinese medical practitioners in litigation. It has been revealed that the key to directing the application of evidence in post-mortem examination in litigation is the key to handling medical disputes and the medical litigation cases triggered by them.