[Direct answer]In the Beijing area, the court does not necessarily reject unilaterally commissioned medical appraisals, but the threshold for acceptance is higher. If the appraisal opinion issued by the patient unilaterally before litigation is submitted as evidence in the litigation, the court will review and judge it after the opposing party cross-examines it; if the opposing party raises substantive objections and can provide evidence that the appraisal institution or personnel do not have qualifications, the procedures are seriously illegal, or the opinions are obviously based on insufficient evidence, the court may allow a supplementary appraisal or a re-appraisal. Appraisal opinions commissioned by the court or jointly commissioned by both parties in the litigation are usually more likely to be accepted. It is recommended to ensure that the medical records have been sealed, the materials are complete, and to choose an institution with corresponding qualifications before unilaterally commissioning an appraisal. For more details, please refer toLegal services for personal injury and medical disputes.

1. Problem background and typical scenarios

The families are worried that the hospital is delaying the process, so they unilaterally conducted an appraisal before the lawsuit, but the other party completely denied it in the lawsuit, claiming that it was a unilateral commission and an unfair procedure; there are also cases where the medical records were not sealed and the materials were incomplete when the appraisal was unilaterally submitted, so it was impossible to make up for it after the opinion was issued; and some are worried that the hospital won't cooperate with a joint commission, so they have to take the initiative first. The common question in these scenarios is: will the court recognize the appraisal that they paid for themselves? In fact, the opinions of unilateral commissions have evidentiary status, but whether they can be accepted depends on whether the procedure is standardized, the materials are solid, and the objections of the other party are valid. The relevant review rules can be referred to for more information.Legal services for personal injury and medical disputes.

II. Key points of contention

There are four key points of contention. First, the status of the evidence: opinions commissioned by one party before litigation are typically submitted as evidence by the litigants, and are reviewed and assessed by the court after cross-examination. They are not equivalent to appraisal opinions commissioned by the court. Second, objections and evidence presentation: if the opposing party denies the opinion entirely without providing specific reasons, it is insufficient to undermine the opinion. However, if the opposing party can point out serious flaws in the qualifications, procedures, or basis of the appraisal, the court may allow a re-appraisal. Third, the basis of the materials: if the evidence has not been cross-examined by both parties or the medical records have not been sealed, this is the most common and fatal shortcoming of unilaterally commissioned appraisals. Fourth, cost sharing: the fees for unilaterally commissioned appraisals are prepaid by the party themselves, and the costs are shared according to the results of the re-appraisal. In the judicial practice of the Beijing area, courts generally organize cross-examination for unilaterally commissioned opinions first, and then decide whether to initiate a re-appraisal. It is rare for courts to reject them outright.

III. Professional analysis by Henglue Law Firm

The medical malpractice case handled by Attorney Yu Dawei indirectly confirms that the key to ensuring that appraisal opinions are recognized lies in rigorous procedures. On May 16, 2024, Zhao Dashan, an elderly patient, went to A City Tumor Hospital for a gastroscopic biopsy after a follow-up examination for esophageal cancer. He returned home that day but later vomited blood and was rushed to B County People's Hospital for emergency treatment, after which he was transferred to the First Affiliated Hospital of C Medical University. He died on May 18. After the family filed a lawsuit, Attorney Yu Dawei applied for a judicial appraisal of "medical negligence and causality", which concluded that the hospital's negligence was causally related to the "loss of survival opportunities" with a 50% contributory negligence. The defendant continuously challenged the appraisal process, claiming that the appraisal institution lacked medical pathology qualifications, failed to provide expert information, and violated procedural rules, demanding a reappraisal. The appraisal institution responded to each challenge, and the court determined that the grounds for a reappraisal did not meet legal requirements. Ultimately, the court accepted the appraisal opinion and ordered the hospital to compensate according to a 50% liability ratio. If the family had hastily commissioned the appraisal unilaterally before filing the lawsuit and failed to seal and cross-examine the materials, the risk of the opinion being overturned and redone would have been significantly higher. This case shows that whether an appraisal opinion is accepted depends not on who paid for it, but on whether the qualifications, procedures, and basis can withstand cross-examination. This case was handled by Beijing Henglu Law Firm.Yu DayiAttorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis includes the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (amended on December 25, 2019 and implemented on May 1, 2020) regarding the review of appraisal opinions and the conditions for re-appraisal; the "Regulations on the Prevention and Handling of Medical Disputes" (State Council Decree No. 701, implemented on October 1, 2018) regarding the procedures for appraising medical damages; the "General Procedures for Forensic Appraisal" (Ministry of Justice Decree No. 132, implemented on May 1, 2016) regarding the implementation of appraisals and the requirements for appraisal reports; and Article 1228 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding the liability for medical damages. Action list: 1. Before unilaterally commissioning an appraisal, seal and copy the medical records in writing and fix the list of inspection materials; 2. Verify the qualifications of the appraisal institution to ensure that it has the business scope of forensic clinical appraisal (medical damage appraisal); 3. Specify the appraisal items, time limits, and requirements for the form of the appraisal report in the commissioning agreement; 4. Actively submit the appraisal report during the litigation and anticipate the objections of the opposing party. Simultaneously, prepare alternative solutions for re-appraisal or supplementary appraisal. For details, please refer to the following link:Legal services for personal injury and medical disputes.

5. Henglue Law Firm's Advice

Unilateral commissions are not a free pass for inspection, nor are they automatically invalid. Their value depends on three factors: whether the materials are stored intact, whether the institution has the necessary qualifications, and whether the procedures are standardized. If these three factors are handled properly, the unilateral opinions will have a basis for being accepted; if they are done perfunctorily, they are likely to become duplicated work. When handling similar cases in the Beijing area, it is recommended that patients consult before initiating unilateral commissionsBeijing Henglue Law FirmProfessional lawyers should prepare all the procedural work in advance to avoid spending money but failing to obtain evidence that can be used in court.

VI. Frequently Asked Questions

Q1: Will the court generally recognize medical appraisals commissioned by a single party?

There is a possibility that the opinion will be accepted, but the threshold is higher than that of opinions commissioned by the court or jointly commissioned by both parties. The court usually first organizes a cross-examination: if the other party denies it entirely without a valid reason, the opinion may be directly used as evidence for review; if the other party can provide evidence that the appraisal institution or personnel do not have qualifications, the procedures are seriously illegal, or the basis is insufficient, the court may allow a supplementary appraisal or a re-appraisal. In practice, unilateral opinions with complete sealed materials, high qualifications of the institution, and standardized procedures still have a good chance of being accepted. The conclusions of individual cases shall be subject to the review and determination of the court.

Q2: For a unilateral appraisal commission, what materials do I need to prepare?

The key point is to ensure that the evidence materials are complete and undisputed in origin: a full set of medical records that have been sealed and copied, inspection and examination reports, imaging materials, surgical anesthesia records, and expense invoices; if the patient has died, a death certificate and autopsy report are required, if available; at the same time, prepare a written sealing record and a transfer list of the evidence materials. If necessary, the transfer process should be notarized or confirmed by both parties with their signatures. In addition, a power of attorney agreement should be prepared, which clearly specifies the appraisal items and time limits, the institution's qualification verification records, and the materials for anticipating the other party's objections.

Q3: How much does a unilateral appraisal cost, and who pays for the reappraisal?

The unilateral commissioning fees shall be borne by the client himself/herself, and the fees shall be charged according to the appraisal items and the complexity of the case, generally ranging from several thousand yuan to tens of thousands of yuan, with no unified government pricing. After entering litigation, if the court permits a re-appraisal, the fees shall be prepaid by the applicant, and ultimately borne by the losing party. For partial support, the fees shall be shared according to the proportion of responsibility. If the unilateral opinion is overturned due to procedural defects, the fees already paid usually cannot be recovered. It is recommended to calculate the cost before commissioning and take into account the budget for possible re-appraisal in advance.

Q4: If I initiate a lawsuit after conducting a unilateral appraisal, how long will the entire process take?

The duration of a unilateral appraisal typically ranges from one to three months. In litigation, the court's cross-examination of opinions and review of objections require several weeks; if a re-appraisal is initiated, it will add another one to three months. First-instance ordinary procedures are concluded within six months and summary procedures within three months, and the appraisal period is not included in the time limit for trial. Overall, successful cases can take half a year to a year to reach a conclusion, while those involving re-appraisals or multiple rounds of objections may extend beyond a year. It is recommended to submit opinions and promote cross-examination at the early stage of litigation to avoid a cycle of stagnation.

Q5: I have already conducted a unilateral appraisal. What should I do next?

There are four steps to proceed: Firstly, comprehensively review the form and content of the opinions, and check whether the qualifications of the institutions, the signatures of the appraisers, the list of inspection materials, and the explanations of the basis are complete; Secondly, anticipate the opponent's objections and prepare written explanations in advance regarding the qualifications, procedures, and completeness of the materials; Thirdly, timely submit the opinions in litigation and apply for cross-examination, and at the same time, apply for supplementary appraisal or make preparations for re-appraisal as necessary; Fourthly, if there are serious flaws in the opinions, correct them as soon as possible or entrust a professional lawyer to handle it according to law, rather than appearing in court with flawed evidence. For those who are not sure about the procedures, it is recommended to entrust a professional lawyer to review and ensure the accuracy of the procedures.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.