法制医学——我们必须面对的一种新型医学形态

Lawful Medicine——a New Medical Model to be Faced

面临医学发展中的困惑,作者提出法制医学观念。法制医学是随法律、法规变化而不断自我调整的一种新的医学形态。其主要目的是规范医疗行为,合法行医,和谐医患关系和防止医学科学技术的异化造成伦理和社会危机。作者解析法制医学模式出现的社会背景、法律背景和科学背景,并分析法制医学与人文医学的关系,最后提出该医学模式对医务人员、社会和患方的要求。

Confronting the puzzle in the medical development, it was biopsychosocielawful medical model （lawful medical model）. It changed wi brought out a new medical model of th the redressal of law and statute. The objective was as follows： ① to stipulate the medical actions, perform legal duty and adjust the relationship between doctors and patients;② to countercheck ethical crisis and social conflict by the dissimilation of medical technoloy. Medical infringement lawsuit onus proof conversion was the promotive of that medical model.The fast increased doctor-patient clash was the social background of the lawful medical model. The scientific background was counterchecking the possiblity of dissimilation of medical technoloy. That medical action should fit ethic was the humanity background. The author analyzed different responsibilities for medical staff,such as obligatory burden （cure obligation）,civil burden ,penal burden ,onus proof conversion and absolution clause from medical treatment dispute.