An Empirical Study of Fault Identification in the Expertise of Medical Malpractice:Based on 367 Expertise Reports from the Medical Association of S City,Jiangsu Province
This article uses the provisions of medical malpractice identification in the"Judicial Appraisal Guidelines for Medical Malpractice"(SF/T 0097-2021)as its theoretical basis and takes 367 case reports from the Medical Association of S City in Jiangsu Province from 2018 to 2022 as its statistical sample.It explores the current situation of fault identification in medical malpractice.The results show that there are problems such as unclear definitions of clinical norms,appraisers focusing too much on reviewing specific regulations while neglecting the duty of care,appraisers being overly critical of the medical party's duties of care and informed consent,and disagreements on the applicability of the special theories of"emergency treatment"and"acceptable risk".In light of these problems,we suggest to seek solutions from perspectives such as clarifying the scope of norms,identifying the key point of medical malpractice identification,applying special circumstances,and establishing a professional forensic case database.
medical malpracticemedical faultjudicial appraisalempirical analysis
万方数据
