医疗纠纷人民调解机制的完善

发布时间：2018-09-18 15:38

【摘要】：改革开放以来,我国医疗纠纷的数量逐年递增,医患关系日趋紧张,成为社会各界关注的焦点之一。为扭转医患矛盾激化的局面,开辟多元化解医疗纠纷的路径,我国一些地方针对医疗纠纷的"第三方调解"进行了一系列的探索,最终确立了医疗纠纷人民调解与医疗责任保险相结合的医调委调解机制并在全国得到推广。各地在医调委调解机制的探索实践中,取得了医调委在全国的高覆盖面、专职调解队伍的不断壮大等丰硕成果,展现出医调委调解制度在处理医疗纠纷上具有的巨大发展潜力,但在实践中该机制也暴露出一系列不完善的地方,例如医调委的中立性不足、诉调衔接不完善、医疗责任保险投保率低等问题。为此,应当统一规范医调委调解的定位及工作流程、提高医调委调解的效力、推广强制医疗责任保险。完善医调委调解制度,建立以医调委调解为主体的多元解纷机制,才能及时、有效缓和医患矛盾,保证医疗秩序和社会秩序的和谐稳定。
[Abstract]:Since the reform and opening up, the number of medical disputes has been increasing year by year, and the relationship between doctors and patients has become increasingly tense. In order to reverse the intensification of doctor-patient conflicts and open up a diversified path for resolving medical disputes, some places in China have carried out a series of explorations aimed at the "third party mediation" of medical disputes. Finally established the medical dispute people mediation and the medical liability insurance unifies the medical adjustment committee mediation mechanism and has been popularized in the whole country. In the exploration and practice of the mediation mechanism of the Medical and Planning Commission, various localities have achieved fruitful results, such as the high coverage of the committee throughout the country and the growing number of full-time mediators, showing the enormous development potential of the mediation system of the Medical Planning Commission in handling medical disputes. However, in practice, the mechanism also exposed a series of imperfect places, such as the lack of neutrality of the Commission, the imperfect connection of litigation and adjustment, the low insurance rate of medical liability insurance, and so on. Therefore, it is necessary to unify and standardize the orientation and work flow of mediating, improve the effectiveness of mediation, and popularize compulsory medical liability insurance. Only by perfecting the mediation system of the Medical and Planning Commission and establishing a pluralistic dispute resolution mechanism with the mediation as the main body can the contradiction between doctors and patients be alleviated effectively and the harmony and stability of medical order and social order be ensured.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926

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