第三部门介入医疗纠纷处理的路径研究
发布时间：2018-07-20 10:42
【摘要】：基于第三部门介入的视角的公共管理视域下医疗纠纷解决路径主要是指中立的第三方(某些机构或组织)通过对医患双方争议的焦点进行分析、评价,向医患双方说明事实,给医患双方提出解决争议的指导性意见供其参考,使医患双方能够认清事实,理性对待争议问题的处理。进而对当事双方进行劝和,促成双方相互谅解,达到医患双方和好的目的。本文通过对现在医疗纠纷现况,对现行解决医疗纠纷途径提出面临的问题,并对医疗纠纷的概念,医疗纠纷的分类和特点,以及相关理论基础进行阐述。同时对医疗纠纷的成因进行分析,包括医院提供的医疗服务不能满足患者的需求;社会保障体系不完善;医患之间存在沟通障碍等。并且对当前我国现有医疗纠纷解决路径的进行评析,包括医患双方协商解决、卫生行政部门调解以及民事诉讼三种解决方式的优点和缺点分析评述。本文借鉴国外医疗纠纷解决路径,从美国、西欧与日本等先进国家对医疗纠纷的解决路径中分析、比较并总结出国外医疗纠纷解决路径给予我国的启示。从而作者对于基于第三部门介入的视角总结出的完善我国医疗纠纷解决路径的对策。包括建立第三方调解机构(即作者提出的调解委员会)直接对于医疗纠纷进行调解,并对此由政府主导建立起一系列配套制度如建立医疗纠纷的预防机制,创建纠纷调解联动机制,建立和完善医疗机构责任保险机制等。并由政府通过立法增强调解委员会的中立性、专业性和权威性。
[Abstract]:The path of medical dispute settlement based on the perspective of third sector intervention mainly refers to the neutral third parties (some organizations or organizations) to analyze the focus of the dispute between doctors and patients, to evaluate the medical and patient disputes, to explain the facts to the doctors and patients, to give the doctors and patients the guidance of the dispute for their reference and to make both sides of the doctor and the patient. We can recognize the facts clearly and rationally treat the dispute problem, and then promote the mutual understanding between the two parties, promote mutual understanding and achieve the good purpose of both doctors and patients. Through the present situation of medical disputes, this paper puts forward the problems facing the current solution to medical disputes, the concept of medical disputes, the classification and characteristics of medical disputes. The causes of the medical disputes are analyzed, and the causes of medical disputes are analyzed, including the medical services provided by the hospital, which can not meet the needs of the patients; the social security system is not perfect; the communication barriers between the doctors and the patient exist. Analysis and comment on the advantages and disadvantages of three ways of mediation in health administration and civil litigation. This article draws lessons from the analysis of the solution path of medical disputes from the United States, Western Europe and Japan, and compares and summarizes the enlightenment to our country from the path of medical dispute settlement from the United States, Western Europe and Japan. On the basis of the perspective of the third sector intervention, the author summarizes the countermeasures to improve the path of medical dispute settlement in China, including the establishment of third party mediation institutions (the mediation committee proposed by the author) to mediate the medical disputes directly, and set up a series of supporting systems by the government, such as the establishment of a preventive mechanism for medical disputes. The establishment and improvement of the liability insurance mechanism of medical institutions, the establishment and improvement of the mechanism of liability insurance for medical institutions, and the strengthening of the neutrality, professionalism and authority of the mediation committee by the government through legislation.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：R197.323
本文编号：2133269
[Abstract]:The path of medical dispute settlement based on the perspective of third sector intervention mainly refers to the neutral third parties (some organizations or organizations) to analyze the focus of the dispute between doctors and patients, to evaluate the medical and patient disputes, to explain the facts to the doctors and patients, to give the doctors and patients the guidance of the dispute for their reference and to make both sides of the doctor and the patient. We can recognize the facts clearly and rationally treat the dispute problem, and then promote the mutual understanding between the two parties, promote mutual understanding and achieve the good purpose of both doctors and patients. Through the present situation of medical disputes, this paper puts forward the problems facing the current solution to medical disputes, the concept of medical disputes, the classification and characteristics of medical disputes. The causes of the medical disputes are analyzed, and the causes of medical disputes are analyzed, including the medical services provided by the hospital, which can not meet the needs of the patients; the social security system is not perfect; the communication barriers between the doctors and the patient exist. Analysis and comment on the advantages and disadvantages of three ways of mediation in health administration and civil litigation. This article draws lessons from the analysis of the solution path of medical disputes from the United States, Western Europe and Japan, and compares and summarizes the enlightenment to our country from the path of medical dispute settlement from the United States, Western Europe and Japan. On the basis of the perspective of the third sector intervention, the author summarizes the countermeasures to improve the path of medical dispute settlement in China, including the establishment of third party mediation institutions (the mediation committee proposed by the author) to mediate the medical disputes directly, and set up a series of supporting systems by the government, such as the establishment of a preventive mechanism for medical disputes. The establishment and improvement of the liability insurance mechanism of medical institutions, the establishment and improvement of the mechanism of liability insurance for medical institutions, and the strengthening of the neutrality, professionalism and authority of the mediation committee by the government through legislation.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：R197.323
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