从“医疗举证责任倒置”看防御性医疗

Discussion on Defensive Medicine from Onus Proof Conversion

“医疗举证责任倒置”要求医方只有证明自己医疗行为与损害结果之间不存在因果关系及不存在医疗过错后才能获得免责,它促进了医疗机构提高其诊疗水平和服务质量,但严重损害了医疗的积极性,延缓了医疗技术的创新和发展。医患冲突并没有因为实施“医疗举证责任倒置”而减少。由于医疗的高风险性,防御性医疗开始盛行,医疗保守使患者权利受到损害。对此,作者提出解决建议,认为防御性医疗并不能解决医疗争议的增加。

Based on onus proof conversion,the hospital wants to justify its action,and the exonerative reason must be provided by hospital. Onus proof conversion can improve the level of diagnoses and therapy,but the medical enthusiasm,medical invention and new technique on medicine would be cumbered. Medical dispute was not fallen after the law being administered. Defensive medicine began prevailing against medicinal tradition. The background of the defensive medicine and the effect of medical burden of proof reversed and medical behavior risk on the defensive medicine were discussed.The author regards the negative medicine will damage patients' rights,suggests advice on the defensive medicine and views that excessive defensive medicine can not prevent medicine conflicts.