医院感染中医疗纠纷处理的制约因素

Restrained Factors in Disposal of Medical Dispute about Nosocomial Infection

目的探讨由医院感染引发的医疗纠纷处理的制约因素及解决办法。方法列举分析处理医院感染医疗纠纷时的几个制约因素。结果在依法处理医院感染医疗纠纷时存在几个制约因素:一是医院感染无法消灭和卫生服务供给的专业性,决定了由医院感染引发的医疗纠纷将长期存在;二是我国现阶段医院感染管理的法制化建设还处于建立健全时期,主要表现为医疗过失行为的判定标准不完善,现行的医院感染规章及规范中部分内容可行性不强;三是部分由医院感染引发的医疗纠纷其取证受医院医疗条件、医疗费用和医疗文书的限制,上述几个制约因素导致医院往往在不能查清医院感染原因的情况下,为了息事宁人而对患者予以赔偿。结论解决以上问题的应对措施主要有:加强医院感染的法制化建设,维护医患双方的合法权益;建立健全医疗风险保险制度;医务人员严格操作规程;医务人员对患者发生了医院感染切忌隐瞒不报;以预防和减少医疗纠纷。

OBJECTIVE To investigate the restrained factors in the disposal of medical dispute caused by nosocomial infection and try to find out the method to solve the problem. METHODS The several restrained factors in the disposal of medical dispute about nosocomial infection were enumerated and analyzed. RESULTS There are several restrained factors in the disposal of medical dispute about nosocomial infection according to law. First, nosocomial infection can not be died out, and medical dispute about nosocomial infection will exist for ever as a result of the specialty of supply of medical service. Secondly, current legal system construction of nosocomial infection management in our country is in the stage of being established and consummated step by step. Determinant criteria of medical negligence behavior are not perfect, Feasibility of part of the actual rules and standard in nosocomial infection is not good. Thirdly, collecting evidence is very difficult in some medical dispute caused by nosocomial infection. It is restricted by hospital condition, medical cost and medical documents. Because of the restrained factors mentioned above, when nosocomial infection occurs, medical workers concerned can not find or confirm the reason of infection in most cases. Then hospital has to compensate patients for loss in order to make concessions to avoid trouble. CONCLUSIONS We make following suggestions for the status. First, we should strengthen legal system construction about nosocomial infection, and safeguard both of hospital and patients＇ interests. Secondly, insurance system of medical risk should be perfected. Thirdly, medical workers should abide by rules of operation. Fourthly, we can not hide the truth when nosocomial infection occurs. Fifthly, we must fulfil the “attention duty” in order to reduce medical dispute.