我国现阶段医疗纠纷的处理非常困难,鉴定与审判个性化高、规范化低,医疗机构及其医务人员、患(伤)者、鉴定人员和审判人员往往对医疗纠纷中的医疗行为是否有过错各持己见,行政、司法处理差别较大,甚至不同法院对同一事件做出截然相反、差距悬殊的判决,影响社会稳定,同时也使医疗纠纷变得更加错综复杂。而且,在已经发生法律效力的一些判决中,存在一些明显的问题和争议。为此,《法律与医学杂志》公开向社会各界征集具有代表性、典型性的判例(生效判决),组织国内有关专家进行讨论、评析。相信这将会对提高和统一当事人、鉴定人和审判人员的认识,保障鉴定与司法公正,依法消除和缓解医疗纠纷具有重大意义。特别说明,本栏目所选案例来自全国各地,并且对其中的当事人及法院信息做了技术处理,仅为学术研究之用,不要对号入坐,所有评析、讨论意见均为专家观点,不代表本杂志的意见,任何组织和个人不得以本杂志讨论的内容作为诉讼依据。 At present, the treatment of medical disputes in our country is very difficult. The accreditation and trial are highly individualized and have a low standardization. The medical institutions, their medical staff, the patients suffering from injuries, the appraiser and the adjudicators are often at fault in the medical behaviors in medical disputes. Discrepancies between the administration and the judiciary are quite different. Even the different courts make the exact opposite on the same matter, judging disproportionately, affecting social stability and at the same time making the medical disputes more complicated. And, in some of the judgments that have taken legal effect, there are some obvious issues and controversies. To this end, “Journal of Law and Medicine” openly solicited representative and typical cases (effective judgments) from all sectors of society and organized relevant domestic experts to discuss and assess. I believe this will raise awareness and improve the unity of parties, appraisers and judges, to ensure that the appraisal and judicial impartiality, according to the law to eliminate and ease medical disputes is of great significance. In particular, this column selected cases from all over the country, and the parties and the court information to do a technical treatment, only for academic research purposes, not on the right seat, all comments, the views are expert opinion, does not mean The magazine’s opinion, any organization or individual shall not be discussed in this magazine as the basis for litigation.