以一起医疗损害赔偿纠纷案件引发的民事诉讼和行政复议为例,分析了案例中的几个焦点问题,包括卫生行政部门是否有权审核民事诉讼中的鉴定行为及鉴定结论、是否可以根据民事审判结果做出行政处罚等。强调卫生行政部门应当注意民事诉讼和行政复议的关系,避免出现行政干预司法的违法行政后果,并在此基础上总结了几点办案体会。 Taking the civil litigation and administrative reconsideration caused by the dispute cases of medical damages as an example, this paper analyzes several key issues in the case, including whether the health administrative departments have the power to examine the appraisal actions in civil lawsuit and appraise the conclusion, As a result, administrative penalties are imposed. It is emphasized that the health administrative department should pay attention to the relationship between civil lawsuit and administrative reconsideration and avoid the consequences of administrative interference in the administration of justice. On the basis of this, it summarizes some experiences in handling cases.