协商处理医疗争议的缺陷与应对举措

Defects and Countermeasures of Negotiation Process of Medical Disputes

当前解决医疗争议的途径有3种:自主协商、行政调解与司法诉讼。自主协商途径具有程序简、历时短、处理快、成本低等特点,已成为解决医疗争议的主要途径。提出依据法律规定充分协商、通过法院确认和解协议效力等方式,能有效规避事实不清、责任不明、和解协议缺乏法律效率效力等缺陷,真正发挥自主协商的作用,最大限度地维护医患双方的合法权益。

There are three ways to solve the medical dispute, including independent consultation, administrative mediation and judicial proceedings. Independent consultation with program and took Jane way short, fast processing, lower cost, become so- lution medical disputes characteristics of the main way, but this way to solve medical disputes in exists in the course of the facts is not clear, the responsibility is unclear, the settlement agreement lack of legal effect and difficult to realize legal meaning level of fairness and justice, the author defects such as basis in the actual work experience, and puts forward the summarized according to the provisions of laws, full consultation, through the court confirmed the validity of the settlement agreement, etc, can effective way to circumvent such flaws, give full play to the role of independent consultation, maximum limit maintain the lawful rights and interests of both doctors and patients.