医疗纠纷限额和解制度的探讨

Quota system for medical dispute settlement

医疗纠纷,是指医患双方因对诊疗护理过程中发生的不良后果及其产生的原因认识不一致而导致的分歧或争议[1]。2002年,国务院颁布《医疗事故处理条例》,使我国医疗纠纷的处理方式发生了重大转折。经过多年实践,协商和解成为医疗纠纷解决的主要途径。实践中协商和解过常伴随着非理智维权行为的发生,使协商和解难以发挥引导和谐医患关系建立,公正解决医疗纠纷的真正作用。目前,政府部门出台限额和解条款,以期改善当下医疗环境。对医疗纠纷的妥善处理不仅是法律问题,也是社会的问题,影响着社会群体对医疗卫生行业的基本看法,故需要用合理、科学的方式对当前尚存在不足的医疗纠纷和解方式进行规制。

Medical disputes refer to disagreements or controversies between doctors and patients due to inconsistent understanding of the adverse consequences and their causes that occur during the diagnosis,treatment,and nursing process.In 2002,the State Council issued the"Regulation on the Handling of Medical Accidents",which marked a significant turning point in the handling of medical disputes in China.After years of practice,negotiation and reconciliation have become the main way to resolve medical disputes.In practice,due to irrational rights protection actions,it is difficult for negotiation and reconciliation to play a true role in guiding the establishment of harmonious doctor-patient relationships and fairly resolving medical disputes.At present,government departments have introduced quota settlement clauses to improve the current medical environment.The proper handling of medical disputes is not only a legal issue,but also a social issue that affects the basic views of social groups on the medical and health industry.Therefore,it is necessary to regulate the currently insufficient medical dispute settlement methods ina reasonableand scientific manner.