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Research on Dispute Settlement Procedure in Medical Damage Litigation Cases
包冰锋,毛佳婧 원광대학교 법학연구소 2019 의생명과학과 법 Vol.22 No.-
The complexity and long-term of medical damage cases have led to sharpening of the contradiction between doctors and patients. Based on the analysis of the characteristics of medical damage cases in China and the study of extraterritorial systems, this paper combines the theoretical development of civil disputes and the expert witness and appraisers system in China's civil evidence law, and proposes that medical experts participate in the clarification of the case and the early evidence collection and discovery as soon as possible as an expert consultant, and quickly identify the facts and circumstance of the medical damage case. In this way, it can provide a solid material basis and a solution direction for the rapid resolution of medical damage cases, so as to promote the formation, clarity and fixation of the focus of the case, thereby protecting the procedural interests and substantive interests of both parties. Based on this, a dispute procedure for medical damage cases suitable for China was established to alleviate the contradiction between doctors and patients, to find out the facts worthy of the parties' trust, and to make the case trial fair and efficient.
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