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鉴于医疗行为的专业性,普通人甚至法官往往难以准确判断医疗行为是否构成医疗事故或是医疗侵权,鉴定结论成为法官判定案件性质、确定责任及赔偿数额的重要依据,但是医疗纠纷鉴定的二元化给司法机关采信鉴定结论带来了混乱。本文简要分析鉴定二元化产生的原因,提出完善建议,包括统一医疗损害鉴定模式,统一医疗损害鉴定有关法律法规等。
In view of the professional nature of medical behavior, ordinary people and even judges are often difficult to accurately determine whether the medical act constitutes a medical accident or medical tort. The conclusion of the appraisal is an important basis for judges to determine the nature of the case, determine the liability and the amount of compensation, but the binary Conflict has been brought about by the conclusion of accreditation of the judiciary. This article briefly analyzes the reasons for the duality of identification and puts forward some suggestions, including the unified medical damage identification model and the unified laws and regulations on medical damage identification.