在现行法规体系下以诉讼方式解决医患纠纷的司法难点及对策

Judicial difficulties and countermeasures for settlement of doctor-patient disputes through litigation under existing regulations

随着人们法制意识的不断增强,通过诉讼方式解决医患纠纷正成为越来越多人的选择。虽然《医疗事故处理条例》、《医疗事故技术鉴定暂行办法》的出台为医患纠纷案件提供了相关的司法依据。但这些法规出台已有时日,在执行过程中也暴露了一些问题和司法难点。对此,笔者认为应在法规建设、司法实践和司法队伍建设等多方面采取对策,从而为医患纠纷案件审理创造条件。

As people continued to enhance their legal awareness, more and more people turned to litigation for settlement of doctor-patient disputes. Releases of Regldations on the Disposition of Medical Accidents and Interim Measures for Technical ldentification of Medical Accidents provided relevant legal basis for cases about doctor-patient disputes. These regulations had been introduced for a considerable period of time, during which some legal problems and difficulties had appeared. So the author suggested that through adoption of various countermeasures in regulation development, judicial practice and judicial personnel training, we should provide necessary conditions for trial of cases about doctor-patient disputes.