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近年来,医疗事故引发的纠纷日益增多,医疗事故技术鉴定作为处理医疗事故的关键依据越来越受到人们的关注,一份合法、公正的鉴定书显得尤为重要。然而对于违法或不当的鉴定行为,当事人的诉讼之路却一直受阻。本文针对这一问题,从分析医疗事故技术鉴定行为的性质入手,论证该行为实质上是一种具体行政行为,提倡列入行政诉讼受案范围,以求更好地保护当事人权利,推动医疗纠纷的妥善解决,建立和谐的医患关系。
In recent years, the number of disputes caused by medical accidents is increasing day by day. As a key basis for medical malpractice, technical appraisal of medical accidents has drawn more and more attention. A legal and fair appraisal certificate is particularly important. However, the lawsuit of the parties has been blocked for the illegal or improper appraisal. In view of this problem, from the analysis of the nature of the technical appraisal of medical malpractice, this article argues that the act is essentially a specific administrative act, advocates the inclusion of the scope of the administrative proceedings, in order to better protect the rights of parties and promote medical disputes The proper solution to establish a harmonious doctor-patient relationship.