摘要
为妥善处理医疗纠纷，分析了该院1991～2006年发生医疗纠纷赔偿的149个案例，结果显示其中73．2％是在医院内解决的。同时发现，医院内处理虽是一种效率较高的方式，但存在着不易定性、不能充分体现公正、赔额较多、容易使矛盾激化、医务人员易受到伤害等问题；存在着没有直接法律依据、医院的权利受到限制、在纠纷转化为治安事件时不能得到保护等难点。结合长期的工作实践，认为处理纠纷重在合理的疏导。因此提出几点建议：制定针对“医疗纠纷处理”的程序和实体规定，以解决医疗纠纷的定义、分类、程序、途径等问题；医院处理纠纷时应本着诚信、公正原则主动承担应当承担的责任，不能推拖；卫生行政部门应当畅通“行政调解”的途径；可试行“仲裁”解决方式。应使医疗纠纷的处理有章可循、有法可依、渠道畅通，保证纠纷解决公正、合理，使医患关系得到改善。
With the aim to provide a basis for properly treating medical disputes, the paper analyzes 149 cases of medical disputes took place in our hospital during 1991-2006, 73.2% of which were solved within the hospital. It is found that although solving disputes within the hospital is a more efficient way, there are some problems such as incapability of qualitation and equity, facilitated intensification of contradiction and hurt to healthcare personnel, lack of direct legal evidence, restrictions on the rights of hospital, lack of security when dealing with medical disputes, and so on. With long-term experience of medical disputes treatment, the author insists that it is important to mediate disputes rationally. The following suggestions are proposed： the hospital should formulate the procedural and substantive requirements to resolve the problems of definition and classification of medical disputes as well as the procedure and methods of dealing with medical disputes; the hospital should follow the principles of good faith and justice, actively undertake its responsibility when dealing with the medical disputes; the health administration departments should unblock the way of ＂administration mediation＂; the means of ＂arbitration＂ may be tried. In conclusion, dealing with medical disputes should abide by the rules and laws, which can not only ensure the fair and reasonable settlement of medical disputes, but also ameliorate the doctor-patient relationship.
出处
《中华医院管理杂志》
北大核心
2007年第4期270-272,共3页
Chinese Journal of Hospital Administration
关键词
医疗纠纷
医疗纷纷处理
医患关系
Medical dispute
Medical dispute treatment
Doctor-patient relationship
