中国司法鉴定Issue(3)：76-83,8.DOI:10.3969/j.issn.1671-2072.2024.03.011
精神科医疗损害司法鉴定标准适用困境与实践进路
The Dilemma and Approach to Apply Standards for Forensic Appraisal of Psychiatric Medical Malpracitce
摘要
Abstract
Forensic appraisal of medical damage needs high quality standards to improve its scientific nature,consistency and reliability.The existing Guidelines for Forensic Appraisal of Medical Damage exhibit limited effectiveness in resolving the standardized practice conundrum of psychiatric medical damage forensic appraisal.They fail to genuinely address practical challenges such as the inconsistent professional background requirements for psychiatric medical damage appraisers,the unclear efficacy of statements from individuals assessed with mental disorders,the ambiguous boundary division of current professional classification standards for appraisal scope,and the absence of professional operational guidelines for psychiatric malpractice assessment.At present,the development of the Guidelines for Forensic Appraisal of Psychiatric Medical Damage represents a novel breakthrough for resolving these genuine difficulties.Analyzing the Guidelines for Forensic Appraisal of Medical Damage and appraisal practices,it is anticipated that new insights will emerge for the standardization of psychiatric medical damage forensic appraisal.The crux of overcoming genuine difficulties lies in formulating industry standards to regulate the appraisal process,encompassing explicit requirements for appraisers'professional backgrounds,the establishment of a specialized hearing system involving the individual being assessed,precise delineation of the appraisal scope for psychiatric medical damage,and standardized classification of psychiatric malpractice types.These aspects should be integrated into the Guidelines for Forensic Appraisal of Psychiatric Medical Damage.Moving forward,the standardization governance of psychiatric medical damage appraisal should be initiated by this guideline and continually refined and amplified.关键词
精神科/医疗损害/鉴定标准/司法鉴定标准化Key words
psychiatry/medical malpracitce/appraisal standard/standardization of forensic appraisal分类
社会科学引用本文复制引用
王强,孙大明..精神科医疗损害司法鉴定标准适用困境与实践进路[J].中国司法鉴定,2024,(3):76-83,8.基金项目
2023年上海市司法鉴定协会课题项目(SHSFJD2023-13). （SHSFJD2023-13）
