《侵权责任法》实施前后医疗纠纷对比研究——以某三级甲等医院为例

Research on Medical Disputes before and after Implementing of the Tort Liability Law:Take One A Class Tertiary Hospital as An Example

采用案例分析和文献研究的方法,选取西部某中等城市某三级甲等医院为研究对象,对该院在《侵权责任法》实施前后连续七年的医疗纠纷发生情况进行研究。研究发现,《侵权责任法》的实施,为解决医疗损害案件提供了法律依据,但没有从根本上解决医疗损害赔偿的双轨制问题。医疗纠纷呈现出新的特点:患者及家属的维权意识逐渐增强,医疗纠纷的数量呈逐年上升趋势,赔偿金额加大,更倾向于以诉讼方式解决医疗纠纷。二元化的鉴定方式依然存在,选择司法鉴定的比例上升。

This paper selects one A Class Tertiary Hospital of a medium-sized city in western China as the research object, and studies the situation of medical disputes in continuous seven years before and after the Tort Liability Law implementation by the method of case analysis and literature research, it is found that a legal basis for solving medical malpractice cases has been provided, but it did not fundamentally solve the questions about medical damage compensation of double track. The medical disputes presents new characteristics, the right-protection awareness of the patient and family gradually strengthened, both the number of medical disputes and the compensation amount have been increased year by year; patients are more likely to solve the medical disputes by the means of lawsuit. Dualistic appraisal way is still in use, the ratio of judicial expertise rises.