医疗事故处理有关法律问题的思考

Thinking of Laws Related to Graduation of Malpractice.

近年来 ,医疗纠纷特别是医疗事故的处理 ,由于各方面的因素 ,成了社会关注的热点和医院管理的难点。现行医疗事故处理的法规已不能适应实际工作和社会发展的需要 ,为了保护医患双方的合法权益 ,《医疗事故处理办法》的修改已迫在眉睫。针对医疗事故界定的范围、鉴定人员及组织结构、举证责任的认定以及医疗事故补偿机制等问题的不足进行了分析 。

Medical dissension, especially problems of graduation of malpractice became more and more in recent years. It was paid attention by public and become the difficult problem of hospital management for many complicated reasons. The exiting regulations of graduation of malpractice were not adapted in practical work and development of society. To protect the rights of doctor and patient, it was urgent to revise graduation of malpractice. The problems exiting in definition of malpractice, personnel identifying, construction of organization, definition of burden of proof and compensation mechanism of malpractice were analyzed and some revising views were put forward. Authors′address Sichuan Health Administrator College, P.R.China.