从博弈论视角看医疗纠纷诉讼中律师的沟通作用

The Communication Effect of Lawyer in Medical Dispute Litigation from View of Game Theory

按照博弈论的观点来分析医疗纠纷诉讼,患者和医院均采取调解策略为此模型的帕累托最优,患者和医院均采取法院判决的策略为此模型的纳什均衡,其整体获益为帕累托次优,律师的沟通促使医患双方和解,一方面让院方认识到自己应当承担的责任,另一方面让患者也愿意在自己原来的诉讼请求上做出一定让步,最终双方达成调解协议,使得医患矛盾止于诉讼,达到整体利益最大化。

This paper analyzed medical dispute litigation from the view of game theory. The adoption of media- tion strategy for both hospital and patient was the Pareto optimal of this model. The adoption of court decision for both hospital and patient was the Nash equilibrium and its overall benefit was the Pareto suboptimal of this model. The communication of patient＇ s lawyer can prompt the reconciliation between hospital and patient. On the one hand, it let the hospital realize the responsibilities they should bear, on the other hand let patients be willing to make concessions on the basis of the original claims, and finally made the two sides reach a reconciliation agree- ment, thus to make conflict between hospital and patient end in litigation and the overall benefits maximize.