Medical appraisal procedure

1. Application for medical fault identification. Both doctors and patients can apply for medical fault identification. If the medical institution is at fault, it shall bear the liability for compensation corresponding to the fault procedure, and the burden of proof shall be borne by the patient. 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. Cross-examination of appraisal materials. After the patient puts forward the medical fault identification, he should submit the identification materials to the court to prove that the medical institution is at fault; 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 evaluation institutions. After the court gives 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 identification. If the doctors and patients can't reach an agreement, they can decide the appraisal institution by drawing lots or shaking numbers. 4. Hearing before appraisal. After the technical department of the court selects the appraisal institution, it will forward the appraisal materials to the appraisal institution, and the appraisal institution will decide whether to accept them 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 identification materials. In the process of appraisal, if the appraisal institution thinks that the materials submitted by both parties are omitted, it may notify the court to require both doctors and patients to submit supplementary materials needed 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. Release of evaluation results. According to the materials and statements submitted by both doctors and patients, the appraisal institution organizes experts to conduct appraisal, and then issues a judicial appraisal, stating whether the medical institution is at fault and the degree of fault participation. Article 22 of the Regulations on the Prevention and Handling of Medical Disputes stipulates that in the event of a medical dispute, both doctors and patients can solve it through the following channels: (1) Both parties negotiate voluntarily; (2) apply for people's mediation; (3) Applying for administrative mediation; (four) to bring a lawsuit to the people's court; (five) other ways as prescribed by laws and regulations.