Recognize the essence of medicine and relationship between doctors and patients thus address the root causes of medical disputes
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摘要: 近年来医患关系日益紧张、医患矛盾不断升级。医疗纠纷的表现形式也逐渐从原来单纯的“相互争执、各执己见”的情形逐渐演变为由职业“医闹”群体参与、以不当获利为目的 公共治安事件,甚至是违法事件。2015年11月1日刑法修正案(九)正式生效,“医闹”行为从行政处罚转为正式入刑。虽然“医闹”入刑从法律角度保障了医疗机构和医务人员的合法利益,但并未从根源上解决医患纠纷,刑法修正案生效后国内多起伤医事件的发生足以证明。因此,对于“医闹”进行刑事处罚尚属于“末端”治理,并不能从源头上解决医患矛盾;甚至往往此时正常的医疗秩序已被破坏,医务人员的人身安全已受到损害,医疗机构的财产安全也受到破坏。因此,如何从根源上解决医患纠纷,探索医患纠纷预防和处置的“源头”成为社会各界关注的焦点。重新认识医学的本质、正视医学的局限性;重新认识医患矛盾,明确医患矛盾的本质实为“大众日益增长的健康需求与相对落后的医疗技术水平之间的矛盾”,而非“医”“患”两个群体之间的矛盾;正视医患矛盾存在的必然性和长期性、医患双方共同寻求缓解这一矛盾的可行性措施;完善医疗纠纷投诉渠道、积极引入第三方调解机制;进一步完善医保制度、扩大医保范围和医保比例;积极引入医疗纠纷或医疗事故保险机制等才是缓解医患关系、解决医患矛盾的根本所在。Abstract: In recent years,the doctor-patient relationship became more and more tensely,and medical disputes escalated.The manifestation of medical dispute transformed from the original pure "dispute each other,each stick to his own opinion" to public security event that participated by professional "medical dispute profiteer" for the purpose of unfair profit,or even illegal events.The criminal law amendment(9) came into effect on November 1,2015,the behavior of medical dispute profiteer shifted from administration punishment to criminal punishment.Although criminal punish "medical dispute profiteer "behavior safeguarded the legitimate interests of the medical institutions and medical personnel,it didn't solve medical disputes from the source.It can be proved by many domestic injury medical incidents.The way to solve the doctors-patient problems in criminal punishment belongs to the end-of-pipe treatment;it cannot solve the contradiction from the source.Often at this time the normal medical order has been destroyed,the safety of medical personnel has been damaged;property safety of medical institutions has been damaged.Therefore,how to solve medical disputes from the source and explore the "source" of preventing and disposing the medical dispute has become the focus of the community.In this paper,the author put forward that recognizing the essence of medicine,understanding the limitations of medical;recognizing the essence of doctor-patient conflict,understanding the nature of the doctor-patient contradiction is actually "the contradiction of growing public health needs between the relatively backward medical technology",rather than the contradiction between the groups of "doctors" and "patients";facing the inevitability and long-term of the contradiction,seeking the feasible measures of easing the contradiction by both doctors and patients;perfecting the complaint channels of medical dispute,introducing the third-party mediation mechanism actively;improving the medical insurance system,expanding insurance coverage and the proportion of medical insurance;introducing medical disputes or medical accident insurance mechanism was fundamental to ease the doctor-patient relationship and solve the contradiction between doctors and patients.
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Key words:
- Doctor-patient relationship /
- Medical dispute /
- Medical dispute profiteer
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