Key points and approach analysis of medical damage forensic appraisal from the perspective of Standard SF/T 0097-2021
Forensic appraisal opinions play an important role in the verdicts of medical disputes.At present,it is very urgent to clarify the theories and approaches of the medical damage appraisal in China.This paper systematically reviewed the core aspects of medical damage appraisal and analyzed them through the lens of SF/T 0097-2021"Guidance for judicial expertise of medical malpractice".Three keypoints had been identified:the principles for evaluating medical malpractice,the causation analysis,and the assessment of causative potency in medical malpractice.To be specific:(1)Medical malpractice evaluation should take concrete provisions as the basis standard,duty of care as the practical standard,and informed consent as the ethical standard;(2)For the analysis of causality,it is necessary to distinguish between direct,complex and equivalent causalities;(3)The specific categorization of causality includes sole cause,primary cause,co-equal cause,secondary cause,minor cause and non-cause.This paper provides a clear elaboration of the above three aspects from the perspectives of standard clauses,appraisal methodology,and operational guidelines,aiming to elucidate the key issues,establish scientifically theoretical and operational models,and offer constructive references for forensic identification.
Medical damageMedical malpracticeCausationCausative potencyForensic appraisalStandard
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NSTL
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