媒体报道85起医疗过失精神损害赔偿费分析

Study on claiming indemnity mental damage association with medial negligence -with 83 cases reported by mass media.

目的 探讨医疗过失索赔精神损失费 85起案例的特点 ,并提出相应的建议。 方法 采用回顾性调查方法对从 1996年 2月至 2 0 0 1年 6月报刊杂志上收集的 85例医疗过失索赔精神损失案件进行分析 ,按照医疗过失涉及的科室、发生医院的等级、索赔额与实际赔偿额等因素进行统计量化处理。 结果 媒体报道的索赔精神损失费案件中 ,手术科室和用血监测部门是医疗过失涉及的主要场所 ;大医院是发生医疗过失的主要场所 ,在美容损害中诊所、美容院中发生为多见 ;精神损失索赔额大多数目巨大 ;精神损失赔偿的实际赔偿额远低于索赔额。 结论 通过对 85起案例的分析 ,提出如下对策 :(1)必须加强对手术科室和用血监测的管理 ;(2 )精神损害赔偿的法规需进一步完善 ;(3)新闻报道要增强社会责任感 ,在维护患方权益的同时 ,也要切实保护医方的利益。

Objective To explore the character of claiming indemnity mental damage association with medical negligence in mass media, and provide some relative suggestions. Methods By retrospective investigation, 85 cases were selected from mass media during Feb.1996-Jun.2001. The data collecting from these cases were statistically analyzed. Results In these cases, the departments involving medical negligence were mainly surgical operation and blood examination in hospital, the case of medical negligence were often found in large hospitals. In consmetological case, clinic and beauty parlor were mainly aim. In most case, huge indemnity of mental damage claiming by patients was a important feature. But the amount of mental compensation by court judge were more lower than patient claiming. Conclusion The results in this study suggested that, at first, The management of departments of surgical operation and blood examination must be strengthen; second, the laws and regulations on mental compensation must be being perfect further ; and third better social responsibility must be showed in mass media report. In the meanwhile defence the right of patients, mass media must be sure to protect the profit and right of hospital and doctors.