A preventive method
1, strict compliance with medical and health management laws, regulations, rules and regulations and diagnosis, treatment and care norms, routines, abide by the professional ethics of medical services, improve the service attitude, the establishment of good doctor-patient relationship, to prevent the occurrence of medical disputes.
2, strengthen quality management, plug the loopholes, is an effective measure to prevent medical disputes.
3, improve the quality of medical records and a variety of medical instruments written and strengthen the management.
4, improve the style of service, improve the quality of medical care, improve the attitude of service, and effectively improve the level of medical technology to reduce the occurrence of medical disputes.
5, the implementation of informed consent, hospitals in different stages of medical activities to prevent medical disputes, from beginning to end according to the actual situation of the patient, by informing the purpose of a clear medical service contract, the development of the disease regression process and the characteristics of the damage of the medical services, and clear the risk of the fulfillment of the contract of medical services.
Two, the solution
Medical civil disputes, like other civil disputes, belongs to the property relations between equal subjects and personal relations, belong to the adjustment of civil law. According to the principle of "private law autonomy", the state usually does not interfere, so the two parties can negotiate on medical disputes, but also civil mediation and administrative mediation.
Theoretically, medical contract disputes can also be resolved by arbitration, but arbitration to resolve medical disputes has not been emphasized. The state's intervention in medical civil disputes is manifested in civil litigation, which requires the parties to sue in order to occur. It is also possible to apply to the health administrative department for settlement.
Expanded Information
Medical Dispute Laws and Regulations:
Premier Li Keqiang signed a State Council decree announcing the Regulations on the Prevention and Handling of Medical Disputes, which came into effect on October 1, 2018.
Premier Li Keqiang signed a State Council decree announcing the Regulations on the Prevention and Handling of Medical Disputes.
The Party Central Committee and the State Council attach great importance to the prevention and handling of medical disputes. In order to comprehensively incorporate the prevention and handling of medical disputes into the rule of law, protect the legitimate rights and interests of doctors and patients, maintain medical order, and safeguard medical safety, the State Council has formulated these Regulations to promote the prevention and proper handling of medical disputes according to the law at the institutional level, and to strive to build a harmonious doctor-patient relationship, and to promote the sustained and healthy development of China's healthcare industry.
The Regulations clearly put forward to carry out diagnostic and treatment activities should be patient-centered, strengthen humanistic care, strict compliance with relevant laws and norms, and abide by professional ethics. By strengthening the daily management of medical quality and safety, reinforcing the risk prevention and control of key links and areas of medical services, and highlighting the importance of doctor-patient communication in medical services, medical disputes can be prevented at the source.
The Regulations clarify the principles, ways and procedures for handling medical disputes, focusing on the role of the people's mediation channel in resolving medical disputes, and unifying and regulating the medical damage appraisal activities prior to litigation in terms of appraisal standards, procedures and expert pools.
The Regulations set strict legal responsibilities for violations such as failing to comply with medical quality and safety management requirements, issuing false appraisal conclusions and autopsy reports, and fabricating and disseminating false information on medical disputes.
Baidu Encyclopedia-Medical Disputes