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Research On The Legal Regulation Of Doctor-patient Dispute

Posted on:2013-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2246330374480398Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Medical practices are of high risk, which cause that both doctors and patients have to bear risks. Once these risks happen, dispute is inevitable. Because of the patients’enhanced law consciousness, medical work’s particularity and human being’s complexity, the medical dissension is difficult to avoid. At the same time, the high professionalism of medicine and law, and the asymmetry of the doctors’and patients’level of professional knowledge, lead to that the number of dispute cases between doctors’and patients’increases quickly, the amount of money the patients require to compensate increases dozens of times, the contradiction between hospitals and patients becomes more and more acute day by day. So we should clear the legal status of both the doctors and the patients, definite their rights and obligations, nail down the range and form of the medical staff’s responsibilities, then we can protect the legitimate rights and interests of both sides, promote the relationships between them become rational and harmonious.Through "the case of Xinrong Wang’s medical tort", this article analyzes the reasons that cause this dispute between medical staff and patients, and solve the concrete problems we met, further more the law and social issues are elaborated base on this in "the case of Xinrong Wang’s medical tort". The concept, the components and the causes of the dispute between medical staff and patients are discussed, the basic reason is benefits conflict. The first reason is from medical factors:The management of hospitals is not good enough, the disciplines are not executed strictly, the doctors do not foresee the conditions of the patients and do not deal with them properly, the doctors don’t have enough abilities to communicate with patients, and lack the professional cultivated manners, serve badly. The second reason is from patients’factors: The ignorerance of the medical knowledge, the real informations of the illness are not provided, they expect too much on the results in the medical cure, have more and more law knowledge, who are helped by the "professional loafer". Thirdly, there are social factors:the society is unsatisfied with the hospitals, the medias are giving us misleading informations, and there are not proper law to make the situation under control.After analyzing, the advises of dealing with these problems are provided:First of all, building up a system preventing the dispute between medical staff and patients:emphasizing the leading position and responsibilities of the government in the medical career’s development, leading the medias and public speeches in the right way, raising the self-character of medical staff and the level of hospital management, promoting the professional morals, serving idea, practicing professional skills more and more, learning more and more law knowledge and being cautious, thinking in the patients’shoes and communicating actively. Secondly, making the authenticate system of the dispute between medical staff and patients more and more perfect:Either drawing up unified 《Compensate law of medical injuries》or dissolving the compensate parts of medical injuries in the《The disciplines of dealing with medical accidents》, solving the problems in one way. If the judicatory authenticate people disobey the procedure of law willingly and give false supervising conclusion, they will have to undertake the correspond law responsibilities, and the related law and punishment should be further set up and perfected; the insurance should be introduced into the medical actions, then the high risks can be undertaken by the society. Then the patients can get the proper compensation by legal way, at the same time, the medical staff don’t need to worry a lot about it, which can insure the stable development of medical career. Thirdly, medical laws should be built up perfectly and be executed more strictly:Unified judicatory compensate system should be formed, the disciplines, the solving ways and the proof offer responsibility system dealing with the dispute between medical staff and patients should be more perfect. Fourthly, the affiliated system now we have should be made more perfectly:the keeping on record and reporting system dealing with the dispute between medical staff and patients should be perfected, the medical responsibility insurance system and medical professional juror system should be built up, and some other policies and advisements are provided solving the dispute between medical staff and patients.
Keywords/Search Tags:Dispute between medical staff and patients, Causes, Solving way
PDF Full Text Request
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