婚检医疗纠纷的法律问题探讨

A Legal Research on Medical Disputes of Premarital Medical Examination

发生在婚前医学检查过程中的医疗纠纷增加了人们对婚前医学检查的负面评价和不信任。通过对近年来发生的婚检医疗纠纷进行研究发现,婚检医疗纠纷主要包括漏诊医疗纠纷、误诊医疗纠纷、侵犯隐私权和知情权医疗纠纷以及人身损害医疗纠纷四类。就婚检医疗纠纷所涉及的漏诊误诊责任的判断、损害后果范围的确定和医疗机构在知情权与隐私权冲突时的选择等相关法律问题进行了探讨,提出应当通过立法明确婚检疾病的范围和规范婚检医师的资质、婚检医疗机构严格保护受检者隐私和身体来防范婚检医疗纠纷的发生。

The medical disputes happened in premarital medical examination increased the negative evaluation of premarital medical examination and mistrust. The study found that the reasons for premarital examination medical disputes mainly inelude the missed diagnosis, misdiagnosis, invasion of privacy and the right to know, and bodily injury. Then, the article discussed some legal issues related to the premarital examination medical disputes involving the judgment of misdiagnosis, the scope of damage and how to choose for medical institutions when conflict happened between privacy and the right to know. Finally, the article put forward that the types of illness and qualification of the doctor must be definite by law and medical institutions should protect patient＇s privacy and body strictly to prevent occurrence of premarital medical disputes.