从实务分析如何确定医疗损害中的因果关系和参与度（Analyzing how to determine causality and participation in medical damage）.docVIP

从实务分析如何确定医疗损害中的因果关系和参与度（Analyzing how to determine causality and participation in medical damage） Analyzing how to determine causality and participation in medical damage [2011-5-10 9:37:00 By:] | Lawyer Liu Ye Author: Liu Ye lawyer Causation and participation in medical injury compensation has always been the trial difficulty in medical lawsuits. If the causal relationship remains can be solved by judicial expertise most, then the reason of medical mistakes in the consequences of the damage or the participation, often due to node identification of Analects of Confucius did not elaborate or words abstract and become the focus of the court, but also become the main reason for the verdict. The speciality of medical litigation, the court in the investigation of medical mistakes and damage the causal relationship and participation of nearly one hundred percent reference identification conclusion and appraisal conclusion of the medical damage causation in fact and participation in the evaluation is often used extremely obscure medical terminology. In order to correct the appraisal conclusion about the causal relationship and the participation of the translation of legal language for the description of facts (i.e. the causal relationship between the law and the degree of participation, evaluation) must be established in accordance with the current provisions of the law on medical damage causation and the theory of participation, not illegal to legal reasoning; secondly, should be aware of the terminology in the appraisal conclusion, in order to apply when the identification conclusion does not violate the fact. How to understand the terminology in the appraisal conclusion, which involves the judicial personnel of medical professional knowledge, this is a very important issue in the current judicial practice, not a large area to enhance the judges of medical knowledge, this paper mainly deals with how the causal relationship and participation from the theory of legal analy