Lecture Notes in Education Psychology and Public Media

- The Open Access Proceedings Series for Conferences


Lecture Notes in Education Psychology and Public Media

Vol. 19, 26 October 2023


Open Access | Article

Research on the Identification of Medical Damage Cases

Jianing Qu * 1
1 The University of Queensland

* Author to whom correspondence should be addressed.

Lecture Notes in Education Psychology and Public Media, Vol. 19, 74-81
Published 26 October 2023. © 26 October 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Jianing Qu. Research on the Identification of Medical Damage Cases. LNEP (2023) Vol. 19: 74-81. DOI: 10.54254/2753-7048/19/20231389.

Abstract

Medical disputes are acute social problems caused by many factors. With the further deepening of the reform of the medical system, doctor-patient conflicts have become more prominent, and their common manifestation is the dispute over the attribution of medical accidents. How to prevent disputes, alleviate medical conflicts, properly deal with medical tort cases, and improve and refine the legal mechanism of doctor-patient conflicts are particularly important. For a long time, due to the complex and professional characteristics of medical damage cases and the status difference between doctors and patients, and the application of medical damage compensation law involving a large number of professional and complex evidence issues, it has become the primary problem for the district court to accurately grasp the evidence of the case in medical tort litigation, and rationally use the evidence to make a fair judgment. The crux of medical disputes lies in the evidence problem. In view of the strong professionalism in medical disputes, expert opinions and expert assistants' opinions often become the core evidence, and their accurate examination and judgment become the top priority in the settlement of medical damage cases. At present, the appraisal of medical damage faces many specific difficulties and challenges. Therefore, this paper advocates the introduction of a reasonable dialogue mechanism between technology and rules, such as evidence-based evidence from the medical perspective of technology, auxiliary rules construction.

Keywords

medical damage cases, evidence, appraisal opinion, expert assistants

References

1. Brooks Christopher,MacDonald Conor. Medical Cases Adjudicated by the Transportation Appeal Tribunal of Canada: 2000-2018.[J]. Aerospace medicine and human performance,2020,91(2).

2. Catherine A. Marco,Jay M. Brenner,Chadd K. Kraus,Norine A. McGrath,Arthur R. Derse. Refusal of Emergency Medical Treatment: Case Studies and Ethical Foundations[J]. Annals of Emergency Medicine,2017,70(5).

3. Lisa Claydon. Should there be a right to die with dignity in certain medical cases in the United Kingdom? Some reflections on the decision of the United Kingdom Supreme Court regarding the protection afforded by Article 8 of the European Convention for the Protection of Human Rights[J]. Jahrbuch für Wissenschaft und Ethik,2016,19(1).

4. CMA welcomes Court of Appeal verdict in private healthcare case[J]. M2 Presswire,2015.

5. Lisa Claydon. Should there be a right to die with dignity in certain medical cases in the United Kingdom? Some reflections on the decision of the United Kingdom Supreme Court regarding the protection afforded by Article 8 of the European Convention for the Protection of Human Rights[J]. Jahrbuch für Wissenschaft und Ethik,2016,19(1).

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries
ISBN (Print)
978-1-83558-063-9
ISBN (Online)
978-1-83558-064-6
Published Date
26 October 2023
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/19/20231389
Copyright
26 October 2023
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated