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今年7月开始实施的《侵权责任法》放弃使用“医疗事故”概念,因为从2002年开始实行的医疗事故技术鉴定“2+1”模式已经出现了不少缺陷:“集体鉴定”制度与鉴定结论的证据属性不符;鉴定中回避主体范围比较狭窄,申请回避的提出时间不明确;医疗事故技术鉴定的管辖权不明,而许多地方已经开始施行异地鉴定;行政审查鉴定申请的做法不合理;中华医学会启动鉴定的具体标准和前置程序并未确定;实践中对待各级鉴定的效力做法与法理不符。希望相关部门尽快出台规定或者解释,以符合新法的原则和要求。
The Tort Liability Act, which came into effect in July this year, renounces the concept of “medical malpractice.” Since the medical accreditation of medical malpractice “2 + 1” since 2002 has already had many shortcomings: “The collective Identification ”system does not accord with the evidence attribute of the conclusion of appraisal; the scope of avoidance subject in appraisal is rather narrow and the time for filing the application avoidance is uncertain; the jurisdiction of technical appraisal of medical malpractice is unknown and many places have already begun to carry out appraisal in different places; The practice is not reasonable; the Chinese Medical Association to start the identification of specific standards and the pre-program has not been determined; in practice to treat the effectiveness of appraisal at all levels do not conform to the law. We hope that the relevant departments can issue regulations or explanations as soon as possible to comply with the principles and requirements of the new law.