摘要
医疗责任保险体系的建立和完善是分散医疗风险和化解医患纠纷的基本方向和重要手段。但是,我国当前的医疗责任保险制度在理论层面上面临医疗机构对该保险的有效需求不足、保险参与人对保险服务内容的理解存在差异、以及对保险最终结果的期待值不统一的问题;在操作层面上,也存在医疗纠纷调处的法律定位、保险参与人在调处中或诉讼中的权利义务关系、保险部分条款的理解与解释等相关问题。为解决上述问题,有必要采取包括建立医疗责任保险试行期磋商谈判机制、开放保险市场、实现医疗行政责任与民事赔偿责任分离、发展医疗责任保险同时鼓励患者购买医疗风险保险等措施,以达到改进医疗责任保险制度、协调医患关系、构建和谐社会的目的。
Setting up and improving the system of medical liability insurance is the primary direction in and the chief means of dispersing medical risks and settling medical disputes. However, the system currently in use in China is confronted with a number of problems, including, on the theoretical plane, insufficient effective demand by medical institutions, varied understanding of the insurance-covered services by the parties involved, different expected values with regard to the final results of the insurance, and on an operational plane, the legal positioning of the disposition of medical disputes, the relationship between the rights and obligations of the parties involved during dispositions or lawsuits, the comprehension and explanation of certain provisions of the insurance and so on. In order to solve these problems, it is necessary to take such measures as setting up a mechanism for negotiations in the trial period of medical liability insurance, opening up insurance market, implementing the separation of medical administrative liabilities and civil compensation liabilities, and encouraging patients to buy medical risk insurance while developing medical liability insurance The goal is to improve the system of medical liability insurance, harmonize the relation between doctors and patients, and thus build a harmonious society.
出处
《中华医院管理杂志》
北大核心
2005年第5期296-300,共5页
Chinese Journal of Hospital Administration
