医疗纠纷调解中自力救济与公力救济对接管理实践  

Connection Management Practice of Private Remedy and Public Remedy in the Mediation of Medical Disputes

作　　者：付江湲[1] 杨新乾[1] 梁晓婷[1] 

机构地区：[1]首都医科大学附属北京朝阳医院,北京市100020

出　　处：《中国病案》2015年第9期46-49,共4页Chinese Medical Record

摘　　要：目的完善多元化医疗纠纷防范、处置机制与司法审理快捷途径有机结合,妥善化解公立医院现阶段久拖不决医疗纠纷。方法深入分析公立医院医疗纠纷处置自力救济不足、公力救济滞后性,探索了医疗纠纷自力救济防范、预警、纠错质量管理有效举措,以结果为导向,运用医疗纠纷自力救济沟通协商技巧,引导纠纷双方在北京市医疗纠纷人民调解委员会进行调解;将纠纷调解协议与公力救济快捷方式对接(即:司法裁定、司法调解)进行确认,免除了后续遗留问题的纠结即司法审理中一事再理事件发生,使医疗纠纷解决更加合理合法。结果推动了重大医疗纠纷难题化解,使医疗纠纷化解率达到85%以上。结论经过我院近两年多实践证明,两种救济方法优势互补和对接契合的应用是妥善解决疑难医疗纠纷案件行之有效地方法,从而确保了医院正常医疗安全和医疗秩序。Objectives To effectively promote diversification medical disputes prevention, the combination of dealing mechanisms with quick justice methods, and solve the protracted medical disputes in the public hospital in present stage. Methods This article analyzed the restriction and backwardness of insufficient private remedy of medical disputes dealing in public hospital, and investigated effective measures of prevention, warning and errors correcting of the private remedy. We used the communication and negotiation skills which were outcome-oriented of private remedy and guided both sides to mediation in ＂Beijing Medical Dispute Mediation Center＂. To make acknowledgement on the connection management of disputes mediation agreements and the public remedy which included judicial mediation and examination, so as to avoid the repeated solution of left questions in judicial dealing and make the solution more reasonable and lawful. Results We resolved more than 85% of the medical disputes of our hospital by taking the advantages of two remedy mechanisms and promoted the resolution of medical dispute. Conclusions Through the two years of practice, the advantages complement of the two remedy methods and their connection application were effective ways to solve difficult medical dispute cases, which ensured the normal medical security and medical order of our hospital.

关 键 词：医疗纠纷 自力救济 公力救济 对接管理 

分 类 号：D922.16[政治法律—宪法学与行政法学] R-051[政治法律—法学]