医患纠纷“私了”协议书法律问题探讨

Legal problems in the "out of court" Agreement for Doctor-patient Dispute

实践中,发生医疗纠纷,医患双方以"私了"的方式达成赔偿协议的案例并不少见,但"私了"的协议书是否具有法律效力在法律界仍有较大争议。本文拟通过对"私了"协议签订的法律依据、法律效力、"私了"协议患方易反悔的原因和医院签署"私了"协议书时应注意的法律问题的探讨,以期对医院非诉讼解决医患纠纷有所裨益。

It was not rare in the practice that the doctors and patients achieve the ＂out of court＂ agreement to deal with the medical disputes. But in fact there were still of great disputed on the legal effect of ＂out of court＂ agreement in the legal profession. In this article, the author analyzed the legal basis and legal effect of ＂out of court＂ agreement, the reasons that the patient pull back the agreement and the key to be paid attention for the hos- pital in signing the ＂out of court＂ agreement, in order to solve medical disputes litigation and protect the benefit of the hospital.