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石某于2003年7月16日在某镇医院分娩出一女婴未能成活,患方认为医方存在过失而向该市人民法院提起民事诉讼。法院委托某市级医学会进行医疗事故司法鉴定,该医学会以石某为鉴定主体,认为医方在对石某的接产过程中没有违反医疗护理、操作常规,不存在过失,其结论不构成医疗事故。患方不服该鉴定结论。法院委托某省级医学会再次进行鉴定,该医学会以石某之女儿为主体进行鉴定,认为医方在对石某的接产及新生儿抢救方面违反医疗护理、操作常规,致石某之女“死产、新生儿死亡”,故鉴定为“一级甲等医疗事故”,医方负主要责任。庭审中,医方对省医学会的被鉴定主体、年龄、死产、新生儿等概念进行了阐述,认为省级医学会鉴定结论是错误的,但缺乏医学知识的法官认为省级医学会是最高鉴定机构,其鉴定结论为最终鉴定,则以此判决医方向患方赔偿2.4万元精神损失费。对此案的鉴定与判决引起了广泛的争议与思考。建议国家建立对错误的医疗事故鉴定申诉和责任追究制度。
Shimou gave birth to a baby girl in a town hospital on July 16, 2003, and failed to survive. The patient believed that the medical practitioner had a fault and filed a civil lawsuit in the city’s people’s court. The court commissioned a municipal medical association to conduct a medical accident judicial appraisal. The medical association used Shi as the subject of the appraisal and believed that the doctor did not violate the medical care and operating practices during the production process of Shimou. There was no negligence. Constitute a medical accident. The patient disagreed with the identification conclusion. The court commissioned a provincial medical association to carry out the identification again. The medical association identified Shi’s daughter as the main body and believed that the medical party violated the medical care and operating practices of Shi’s confinement and neonatal rescue, causing Shi’s The female “death, neonatal death” was identified as a “primary A medical accident,” and the medical team was primarily responsible. During the trial, the medical authorities elaborated on the concept of subject, age, stillbirth, and neonate of the Provincial Medical Association. They believed that the conclusions of the Provincial Medical Association were incorrect, but judges lacking medical knowledge considered that the provincial medical association was The highest appraisal institution, whose final conclusion is the final appraisal, will then decide that the medical practitioner shall compensate the victim with a compensation fee of 24,000 yuan. The identification and judgment of this case has caused widespread controversy and thinking. It is recommended that the State establish a system for the identification of faulty medical malpractice claims and accountability.