美国《道歉法案》的浅析与启示

The solution to the "vicious circle" of doctor-patient relationship:analysis and inspiration of American Apology Act

近年来中国国内的医患关系呈恶化趋势,恶性医疗事故频发,经媒体报道后,在社会上引起了强烈的反响,加剧了医患之间的矛盾,对中国的医疗环境带来极大的破坏。针对这一问题,本文选取美国于早年为保护、鼓励医生向患者"道歉"而通过的《道歉法案》,对这一系列法律条文进行探讨。首先,对"道歉"这一举动按本质对其分类并讨论其中要素。其次,分析对于医者、患者的意义以及在医患关系中起到的调节作用。除此之外,还引入了其他学者对于这一法案的看法,使得本文能站在一个客观的角度,充分讨论"医生道歉"这样一种思想对于中国医患关系的启示。

Recently doctor-patient relationship in China has been getting worse. Vicious medical issues happened frequently, some of which were reported by media, leading to more conflicts between doctors and patients and the deterioration of the relationship. Chinese medical environment has also suffered a lot. In the light of it, the au- thors discussed American apology act, a series of laws and regulations to protect doctors and encourage them to give a sincere apology to their patients. First, the authors divided apology into two types, incomplete apology and com- plete apology, and introduced the elements of apology. Then, we analyzed what an apology means to patients and doctors respectively, and the function of apology in doctor-patient relationship. Meanwhile, many scholars shared their opinions on the Apology act. Through fully understanding of various arguments, the authors tried to find what revelation the idea of apology from doctors can bring to China society.