协同治理视角下医疗纠纷人民调解机制的完善研究

Research on Improving People’s Medical Dispute Mediation Mechanism from Perspective of Cooperative Governance

目前全国多地实施的医疗纠纷人民调解取得了一定成效,但医疗纠纷发生率依然居高不下。《医疗纠纷预防与处理条例》的出台为医疗纠纷的多元协同治理提供了明确的法律依据。但如何落实多主体的分工协作、如何评估多主体的协作治理效果及如何解决医疗赔偿金的来源仍是目前制约医疗纠纷调解的现实问题。应通过加强多主体间协作并完善衔接机制、建立医疗纠纷协同治理的绩效评估指标体系、构建医疗风险的社会分担机制、利用医患冲突的正能量、建立案例数据库等措施,构建更为完善的医疗纠纷调解机制。

At present, People’s Mediation of medical disputes implemented in many places in China has achieved some results, but the incidence of medical disputes remains high. The introduction of Regulations on Prevention and Treatment of Medical Disputes provides a clear legal basis for the multi-dimensional collaborative governance of medical disputes. However, how to implement multi-subject division of labor and collaboration, how to evaluate the cooperative governance effect of multiple subjects and how to solve the source of medical compensation are still realistic problems that restrict the further development of medical dispute mediation. This paper proposes to establish a perfect connection mechanism of multi-subject division of labor and cooperation, establish a performance evaluation index system for collaborative management of medical disputes, build a social sharing mechanism for medical risks, use positive energy of doctor-patient conflicts and establish a case database to build a more perfect medical dispute mediation mechanism.