我国台湾地区解决医疗纠纷的相关制度简介

Brief Introduction to Related Medical Dispute Resolution System in Taiwan

我国台湾地区为解决医疗纠纷,创建了一些具有特点的制度:在医疗纠纷的鉴定上,具有医疗鉴定机关化、医疗鉴定多属于机构鉴定、医疗鉴定之选择由法院独占和医疗鉴定均采严格证明法则的特点;医疗纠纷的处理,包括协商、妥协与赔偿机制,医务社工介入医疗纠纷机制,医疗法律责任机制,ADR诉讼外纠纷解决机制和各地区的医疗纠纷调解机制;对医疗纠纷的防范,有危机管理建构医疗纠纷预防、医疗纠纷全周期管理、作业冲突管理、医疗指标构建、以开放性沟通建立医疗纠纷时的医病互信关系和建立护理人员自主通报系统等多种策略。这些做法可供我国大陆处理医疗纠纷参考。

In Taiwan, some systems with its own characteristics have been set up to solve medical disputes. The medical dispute appraisal system has the following characteristics： medical appraisal has been departmental- ized, medical appraisal belongs to institutional appraisal, the choice of medical appraisal is monopolized by the court., and the strict proof rule has been adopted in medical appraisal. Medical dispute processing mechanism in- eludes negotiation, compromise and compensation mechanism; medical social work intervention mechanism of medical disputes; medical legal responsibility mechanism; ADR dispute resolution without litigation; and the re- gional medical dispute mediation mechanisms. There are a variety of strategies of medical dispute prevention： cri- sis management construction of medical dispute prevention; whole cycle management in medical disputes; opera- tion conflict management; health indicator construction; doctor-patient trust relationship construction by open communication at the time of medical disputes; and the construction of nursing staff＇s independent reporting sys- tem, etc.. And all these can provide a reference for us to handle medical disputes in China's Mainland.