医疗过错法医学鉴定因能够合法地对医疗过错、因果关系、病历真伪、损害结果等内容实施鉴定,因而成为医疗损害赔偿案中正确认定侵权要件事实的主要证据方法,也是审查医学会鉴定结论证据的一种客观、全新的方法。人民法院或司法机关常以医疗过错法医学鉴定为证据救济方法,补充和调整现行医疗损害赔偿案民事审判及其再审监督机制。对通过医疗过错法医学鉴定又同时证明符合犯罪构成要件的医疗损害赔偿案,在民事赔偿案件审理完毕之后,又启动刑事程序追究当事医务人员的刑事责任。因此医疗机构管理者及相关部门在医疗纠纷审理及诉讼中应当熟悉医疗过错法医学鉴定及其思路。 Forensic medical malpractice because of legal liability for medical malpractice, causation, the authenticity of the record, the results of the damage and so on identification, and thus become the main evidence of the right to determine the facts of the infringement case of medical evidence, but also to review the medical evidence conclusion of the evidence An objective, new approach. People’s courts or judicial organs often use medical forensic science as evidence-based remedy to supplement and adjust the current medical damages civil trial and retrial supervision mechanism. The case of medical damages that has been certified by forensic science of medical malpractice and at the same time proved to be in conformity with the elements of the crime has also started the criminal procedure to investigate the criminal liability of the medical personnel after the civil compensation case has been completed. Therefore, medical institutions managers and relevant departments in the medical dispute trial and litigation should be familiar with medical malpractice identification and thinking.