以并发症为主要诉求医疗损害司法鉴定89例分析

发布时间：2018-04-22 13:12

本文选题：医疗损害 + 并发症　；参考：《中国司法鉴定》2016年01期

【摘要】：目的探讨以并发症为主要诉求的医疗损害赔偿责任纠纷的司法鉴定,并与医疗事故技术鉴定进行比较分析。方法对南方医科大学司法鉴定中心89例以并发症为主要诉求的医疗损害赔偿纠纷案例资料进行回顾性分析,并对其中29例已进行医疗事故技术鉴定的案例,统计和比较分析鉴定意见。结果以并发症为主要诉求的89例医疗损害赔偿纠纷中,鉴定人判定医方存过失并过失与损害后果之间存在因果关系的有86例,占96.6%,其中可以预见、可以避免并发症为49例,鉴定人均判定医方存过失并过失与损害后果之间存在因果关系;可以预见、但难以避免并发症为30例,有27例被鉴定人判定医方存过失并过失与损害后果之间存在因果关系;难以预见、且难以避免并发症为10例,均被鉴定人判定医方存过失并过失与损害后果之间存在因果关系。在29例进行过医疗事故技术鉴定的案例中,只有2例鉴定意见为医方存在过失并构成医疗事故,该2例损害后果均为可以预见、可以避免并发症。结论以并发症为主要诉求的医疗损害赔偿责任纠纷司法鉴定中,对并发症进行分类,有利于科学地指导对医疗过失因果关系分析,同时应严格遵循《侵权责任法》、《司法鉴定程序通则》等相关法律法规,客观评价医方的诊疗行为,如医务人员未能履行相关的注意义务,导致并发症,应判定医疗机构存过失并过失与损害后果之间存在因果关系。
[Abstract]:Objective to explore the forensic identification of medical damage liability disputes with complications as the main demand, and to compare with the technical identification of medical malpractice. Methods A retrospective analysis of 89 cases of medical injury compensation disputes with complications as the main demand was made in the Forensic Identification Center of Southern Medical University, and 29 cases of which were identified by medical malpractice technique. Statistical and comparative analysis of appraisal opinions. Results of the 89 cases of medical damage compensation disputes, 86 cases (96.6%) were judged by appraisers to be guilty of negligence and causality between negligence and the consequences of the damage. 49 cases were predictably able to avoid complications. It is concluded that there is a causal relationship between fault and negligence of medical side and the consequences of damage, which can be predicted, but it is difficult to avoid complications in 30 cases, and there is a causal relationship between fault and damage in 27 cases judged by appraiser. It is difficult to predict and avoid complications in 10 cases. All of them are judged by the expert to have fault and causality between fault and damage consequence. Of the 29 cases of technical identification of medical malpractice, only 2 cases were found to be negligent and constitute medical malpractice. The results of these two cases were foreseeable and the complications could be avoided. Conclusion the classification of complications in the judicial identification of medical damage liability disputes with complications as the main demand is helpful to scientifically guide the analysis of causality of medical negligence. At the same time, we should strictly abide by the relevant laws and regulations, such as the Tort liability Law and the General rules of the procedure of Judicial Appraisal, and objectively evaluate the diagnosis and treatment behavior of the medical side, such as the failure of the medical personnel to fulfill the relevant duty of care, which leads to complications. There should be a causal relationship between negligence and damages in medical institutions.
【作者单位】：南方医科大学;广东司法警官职业学院;
【分类号】：D918.9;D923

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