医疗损害纠纷专业化解决路径初探

The Construction of Professional Medical Dispute Settlement Mechanism

我国正处于社会转型期,各种社会矛盾日益凸显,随着医院与患者之间矛盾的出现与激化,医疗纠纷不断增加,我国医疗纠纷解决机制不科学是导致医患关系紧张的关键因素之一。通过分析域外医疗纠纷解决机制之现状,找到适合我国国情的医疗纠纷解决机制:在运用传统的纠纷解决方法之余,适当运用专业化手段最大程度地解决纠纷;在坚持解决医疗纠纷的原则之上灵活运用制度,结合医疗纠纷解决的国际实践,总结专业化解决纠纷的现实路径。

Being in the period of social transition, various social contradictions have become increasingly prominent in China. With the contradictions between hospitals and patients intensified, the number of medical disputes is increasing as well. One of the critical factors leading to the tension between doctors and patients is the unscientific medical dispute settlement mechanism. Therefore, through analyzing the current practice in foreign countries, the article tries to find a suitable mechanism via employing proper methods in addition to the traditional ways so as to resolve the disputes to the greatest extent, flexibly following regulations on the principle of solving disputes and summarizing practical means to settle disputes professionally by learning from the interna- tional practice of medical disputes.