论医疗事故技术鉴定和司法鉴定的差异性

随着我国法制的不断完善、人民群众维护自身合法权益的意识不断增强,医疗纠纷呈明显增多趋势,已受到社会广泛关注。医疗纠纷鉴定是解决医疗纠纷的重要依据,常成为双方争议的焦点,正确认识医疗事故技术鉴定和司法鉴定的实质差异,了解两种鉴定在诉讼过程中的不同适用性,有助于更理性地选择诉讼方式解决医疗纠纷问题。同时,两种鉴定都存在一定的现实弊端,有进一步完善的必要。

On Differences between Technical Appraisement of Medical Malpractice and Judicial Expertise

With the legal system of our country being improved constantly,and the consciousness that people safeguard their own legitimate rights and interests being strengthened,the medical dispute has been increasing obviously and has received the social extensive concern.Medical dispute appraisement is an important basis to solve the problem,and often become the focus of the disputes of both sides.Rightly grasping the essential difference between technical appraisement of malpractice and judicial expertise and well understanding different applicability in lawsuit of two kinds of qualifications will facilitate choosing lawsuit way to solve the medical dispute problem more rationally.At the same time,both of these appraisements have certain realistic drawbacks,and it is necessary to further improve.