摘要
由于医院在医疗诉讼中存在忽视诉讼代理人的选择、不能正确理解和运用诉讼证明标准、未掌握提交诉讼文书的时间规定、在医学文献的证据价值方面缺少与法官的沟通等问题,对实施鉴定的主体混乱情况缺乏对策,因而医院败诉率高。为维护医院合法权益,医院应选择卫生专业律师和医学专家作为诉讼代理人、掌握“高度盖然性”的证明标准、遵守诉讼中有关时间的规定、加强与法官在医学方面的沟通、了解有关鉴定的法律规定等,从而避免医院的合法权益受到侵害。
Hospitals frequently end up losing medical lawsuits due to the following factors: inappropriate appointment of legal representatives, misconception and wrong application of the standard of proof required for lawsuits, ignorance of the time limit for submitting lawsuit documents, and lack of communication with the judges on the proof value of medical literature. In order to guarantee their legitimate rights and interests, hospitals ought to appoint health lawyers and medical experts as their legal representatives, have a good grasp of the standard of proof of reasonable probability, adhere to the time regulations in lawsuits, strengthen communication with the judges with regard to medicine, and understand the legal rules of arbitration. Only by doing so can their legal rights and interests avoid being encroached upon.
出处
《中华医院管理杂志》
北大核心
2005年第4期236-238,共3页
Chinese Journal of Hospital Administration
