精英介入与合法博弈:医疗纠纷私了的行动逻辑——基于一起医疗维权个案的分析

Elite Involving and Legally Gaming:Action Logic of Amicable Settlement in Medical Disputes:Based on a Medical Dispute Case

医疗纠纷快速增长,打砸医疗机构、伤害医务工作者的暴力维权事件引发社会关注。但是医疗纠纷的暴力维权并不是主流,大量的医患纠纷可以通过双方协商的方式得到解决。医疗纠纷的协商解决是医患双方权力和利益博弈的过程。患者与所借助的民间维权精英通过合法博弈的方式,采取协商谈判的手段最终获得经济赔偿和医院的道歉认错。民间维权精英的介入,暂时扭转了患者在医疗纠纷协商解决中的不利处境,提高了患者的博弈筹码和医疗维权成功的可能性,也促成了医疗纠纷的非暴力解决,但是却暴露出患者医疗维权时所面临的知识、信息、组织资源等群体性困境。

In recent years,medical disputes have grown rapidly,and violent actions of rights-protection such as smashing medical institutions and injuring medical workers have attracted a lot of social attention.However,the violent actions of medical disputes is not the mainstream,and a large number of disputes can be solved through consultation between the two sides.The negotiated settlement of medical disputes is the process of the gaming of power and interests between both doctors and patients.The elite intervention improves the bargaining chip of patients,the patient and the elite through the law gaming and negotiation get the economic compensation and apology from the hospital finally.The intervention of the elite has temporarily reversed the adverse situation of patients in the consultation and settlement of medical disputes,improved the possibility of success,and also contributed to the non-violent settlement,but it exposes the collective dilemma of knowledge,information and organizational resources faced by patients in rights-protection.