Medical behaviors involve multi level and multi subject legal relations. In the process of medical and nursing care, there are two categories of legal relations concerning medical behaviors. They are external and internal legal relations. External legal relations involve legal relations between hospitals, between physicians and patients and between major medical accidents and penalties; internal legal relations involve physicians, nurses and hospital authorities.
At present, the conclusion of technical appraisal of medical malpractice is the key to decide and deal with medical malpractice. The initiation mode of technical appraisal may be entrusted by both parties involved, handed over by the healthy administration department, or designated by the People＇s Court. Because it exerts a direct impact on the result of medical dispute, the conclusion of technical appraisal must undergo examination by the medical association, the health administration department, and the court. The conclusion plays different roles in cases of compensation for medical personal injury and of medical service contract disputes. To interpret and apply the technical appraisal and its conclusion correctly, we have to understand clearly the nature of technical appraisal of medical malpractice, recognize and handle skillfully the relation among identification-related issues such as the judge＇ s personal discretion, signature of the appraiser, the appraiser＇ s being present at the hearing and questioned, and the expert witness.