建立“医闹”普遍性预防制度的设想

On the Establishment of Universal Prevention System for "Medical Disturbance"

"普遍性预防制度"是指医方充分行使拒绝诊治权,对不愿承担本应当由其自身完全承担的医疗风险的患者,以及发生医疗争议(纠纷)后不愿意通过合法程序进行处理的患者不予诊治的制度;实行这一制度不但能让潜在的"医闹"者远离医疗机构而防止"医闹"的发生,还能起到科普宣传和法制宣传的作用;建立这一制度的基础,是医方向患方充分告知就医后患者应当自行承担的风险和医疗纠纷发生后的合法处理途径;只有患方拒绝承担上述风险和拒绝合法解决纠纷后,医方才能行使拒绝诊治权。实施这一制度,需要三甲医院主导、全国医院联动。

Universal prevention system is one in which doctors fully exercise the right to refuse to make a diagnosis and give treatment to those patients who don＇t want to take the medical risks which shall be borne by themselves completely and those who are not willing to solve medical controversies（disputes） through legal procedures. This system not only can let the potential medical disturbers away from medical institutions and prevent the occurrence of medical disturbance, but also can have the effect of science and law propaganda. To establish this system, doctors shall fully inform the patients of their own risks after the treatment, and legal processing ways after the occurrence of medical disputes; only when the patients refuse to accept the risks and legal dispute resolution, can doctors exercise the right to refuse to make a diagnosis and give treatment. Three-A hospitals should play the leading role in implementing this system with the cooperation of the hospitals all over the country.