论管理式医疗侵权责任对我国基本医疗立法的启示

Implication on tort liability of managed care for legislation of basic medical service in China

管理式医疗会加重医生传统侵权责任并新增合同责任与守门人责任,管理式医疗机构也可能因资格审查、医疗项目评估及节约成本承担侵权责任。因此应重视患者权益在管理式医疗中更易受到侵害、防范管理式医疗侵权责任对基本医疗服务供给的制约,应对管理式医疗面临的挑战及长远发展的困难,建议基本医疗立法联动有关医疗法律制度改革,理性借鉴管理式医疗。

Managed care increases doctors’ traditional tort liability and adds to contractual liability and gatekeeper liability. Managed care organizations may also assume tort liability for patients because of examination on medical qualification, assessment of health care services and saving cost. We should pay attention to the patients’ rights and interests which may be infringed more easily under managed care, prevent constraints of managed care tort liability on basic medical service supply, and face up the challenge against managed care as well as limitation of managed care long-term development. And we should suggest medical reform relating medical law in the legislation of basic medical service and make reasonable use of managed care.