On The Rights And Protection Of Medical Personnel In Medical Disputes

At present,the relationship between doctors and patients in our country is becoming increasingly tense.If the disputes between doctors and patients cannot be resolved through reasonable channels,it will not only damage the legal rights and interests of both doctors and patients,but also affect the development of normal medical activities.With the advancement of the reform of the medical system and the construction of people’s livelihood,legislation has paid more and more attention to the protection of patients’ legal rights.The professionalism and high risk of the medical industry make medical staff face great risks in practice.On the one hand,my country’s legislation provides imperfect provisions on the rights of medical personnel,which is not conducive to the protection of the rights of medical personnel.On the other hand,my country’s current medical liability insurance system is imperfect,and it is unable to undertake the important task of reducing the practicing risks of medical personnel.Therefore,this article will discuss how to protect the rights of medical personnel in medical disputes from two aspects:legislating and perfecting the provisions of the protection of the rights of medical personnel in my country and improving the medical liability insurance system to share the practice risks of medical personnel.The first part sorts out the related concepts of medical staff’s rights.Among them,the first section defines the rights of medical staff;the second section describes the specific content of the rights of medical staff,mainly including basic diagnosis and treatment rights,special intervention rights based on professional characteristics,medical discretion,medical behavior immunity,and practice guarantees right.The second part,through the analysis of the current laws and regulations on the rights of medical personnel in my country,and the analysis of the current status of my country’s current medical liability insurance system,points out the dilemma of the protection of medical personnel’s rights in current medical-patient disputes,which mainly include imperfect legislation and the medical liability insurance system Two parts are not perfect.The third part analyzes the specific measures for the protection of the rights of medical personnel in foreign countries and the settlement of doctor-patient disputes,and summarizes the enlightenment for the protection of the legal rights of medical personnel in our country and the settlement of doctor-patient disputes.The fourth part aims at the legislative protection of medical staff’s rights and the problem of medical staff’s high practice risk,and draws lessons from foreign legislative practices that protect medical staff’s rights and share medical risks,and propose corresponding improvement measures.On the one hand,we formulate specialized medical laws,and on the other hand,we will improve our country’s medical liability insurance system,aiming to build a complete legislative protection system for the rights of medical staff and a medical liability insurance system to further alleviate doctor-patient conflicts and promote doctor-patient harmony.