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Research On The American Medical Apology System

Posted on:2019-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2416330548982347Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since the second half of the last century,medical disputes in the United States have grown dramatically and the amount of medical damages has risen rapidly.To this end,the American Veterans Hospital has explored a "medical apology" system in which a hospital actively exposes mistakes and doctors apologize to patients for the understanding of patients and their families.After the implementation of the system,the number of medical disputes in Rongmin Hospital has been significantly reduced and the amount of compensation has begun to decline.Since then,other hospitals in the United States and the U.S.medical insurance industry have begun to adopt medical apology systems.The number of disputes and the amount of damages have also dropped significantly.However,due to concerns that medical apology will become evidence that medical practitioners "recognize it",many hospitals in the United States are skeptical about adopting an apology system,thus blocking the promotion and popularization of the medical apology system in the entire US healthcare system.In this context,the U.S.state governments began to formulate the "Apology Act," which clearly stipulates that medical apology by patients will not become "self-identification" evidence in litigation.As a result,the U.S.medical apology system was formally formed and effectively alleviated the grave situation of medical disputes in the United States.In the 90s of the last century,China's medical disputes began to enter a period of rapid stimulation.The effective resolution of medical disputes has become a prominent and difficult social problem in contemporary China.In view of this,this article first discussed the basic concepts and legislative evolution of the medical apology system in the United States,and explained the core contents and important norms of the US medical apology law,including the type of medical apology protected by the law,the apology method,and the subject and object of apology.Make specific provisions such as the reasonable time for making an apology.Furthermore,this paper analyzes the important value and practical role of the medical apology system in the United States in successfully dissolving medical disputes in the United States from the aspects of legal foundation and practical effects.Specifically,the article specifically explains the important value of the medical apology system in the United States for rehabilitating doctors and patients,relieving conflicts between doctors and patients,and maintaining medical order harmony.In addition,this article also introduced and combed the main academic arguments concerning the apology system.Finally,based on the reality of the resolution of medical disputes in China,the article focused on the implications and reference value of the medical apology system in the United States.This article clarifies the main difference between the "apology" system in our civil law and the medical apology system in the United States,discusses the necessity and feasibility of the introduction of a medical apology system in China,and discusses the main ideas and specific paths for establishing a medical apology system in China.In short,this paper intends to explore new ideas and new approaches for medical dispute resolution in China through in-depth analysis of the medical apology system in the United States.This article believes that the introduction of a medical apology system can,to a certain extent,alleviate the conflicts between doctors and patients,repair the emotional trauma of doctors and patients,reduce the number of medical disputes and the amount of compensation,and thus promote the restoration and development of a healthy and harmonious medical environment.
Keywords/Search Tags:Medical apology, Wrong disclosure, inform the truth, emotional repair, humanistic care
PDF Full Text Request
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