What is the wrong procedure of judicial expertise in medical disputes?

With the development of aging society, at the same time, more and more "black-hearted" bosses produce "three noes" products in order to make money, and the air pollution is serious, which leads to more and more people suffering from various diseases. The people in the hospital are comparable to those in the vegetable market. The doctor-patient relationship is also a prominent problem in recent years, so what should be done when a medical accident occurs? Today, I'd like to introduce the Fault Procedure of Judicial Appraisal of Medical Disputes. When a medical dispute (medical accident) occurs in the judicial expertise procedure of medical fault, when the patient chooses to file a case on the basis of medical tort, whether the doctor's medical behavior is at fault is often the focus of controversy between doctors and patients. Is there any fault in medical treatment? Is the doctor's fault the direct cause of the patient's damage? When a doctor is liable for damages, what is the compensation ratio? In order to solve medical disputes fairly and justly, it is necessary for professional judicial expertise institutions to conduct judicial expertise on medical faults in order to clarify the rights and obligations of both parties. Medical fault judicial expertise is generally applied by patients in and out, and then both doctors and patients * * * choose a judicial expertise institution and submit the cross-examined appraisal materials. After the judicial authentication institution accepts it, it will organize a hearing between doctors and patients within a certain period of time, and finally the judicial authentication institution will issue a judicial authentication book to determine whether there is any fault in medical behavior. 1. Application for medical fault identification Both doctors and patients can apply for medical fault identification. However, after the implementation of the Tort Liability Law, only medical institutions are at fault, will they bear the compensation liability corresponding to the fault procedure, and the burden of proof will be borne by patients. When a medical dispute occurs, if the patient cannot prove that the medical institution is at fault, the medical institution shall not be liable for compensation. Therefore, medical fault identification is often applied by patients. 2. After the cross-examination of the appraisal materials puts forward the medical fault appraisal, the appraisal materials that prove that the medical institution is at fault shall be submitted to the court; Medical institutions can also provide evidence to prove that medical institutions are not at fault. After the materials are submitted to the court, the court will set a time for both parties to cross-examine. During cross-examination, both parties mainly express whether they have any objection to the authenticity of the materials, and their probative force need not be debated. 3. Selection of authentication institutions After the court submits the materials to the technical department, the technical department will set a time for both doctors and patients to choose a judicial authentication institution for medical fault authentication. If the doctors and patients can't reach an agreement, they can decide the appraisal institution by drawing lots or shaking numbers. 4. After the technical department of the trial court before the appraisal selects the appraisal institution, the appraisal materials will be handed over to the appraisal institution, and the appraisal institution will decide whether to accept it after receiving the appraisal materials. After the appraisal institution decides to accept it, it will organize a doctor-patient hearing before the appraisal, and both doctors and patients will submit materials and state their opinions. 5. Supplementary appraisal materials If the appraisal institution thinks that the materials submitted by both parties are omitted in the appraisal process, it may notify the court to require both doctors and patients to submit supplementary materials required for appraisal. The court will inform both doctors and patients to submit supplementary materials needed for appraisal, and then the materials after cross-examination will be handed over to the technical department, which will then hand them over to the appraisal institution. 6. According to the materials and statements submitted by both doctors and patients, the appraisal institution will organize experts to conduct appraisal, and then issue a judicial appraisal book, stating whether the medical institution is at fault and the degree of fault participation. To sum up, we can know that when a medical dispute occurs, the evidence provider is at the patient's place when the judicial expertise fault procedure is started. If the patient can't produce evidence to prove it, it is not a medical fault. Therefore, if patients or their families find that it is a medical fault, they should pay attention to collecting evidence, otherwise it can only be said to be an accident. The choice of authentication institutions requires mutual consent, so it also reflects fairness.