Analysis of jurisprudence on medical damage liability disputes and preventive strategies
10.3969/j.issn.1671-332X.2023.12.002
- VernacularTitle:医疗损害责任纠纷判例分析及防范策略
- Author:
Shanshan MENG
1
;
Mengqing LIU
Author Information
1. 广西医科大学信息与管理学院 广西南宁 530021
- Keywords:
Medical institution;
Medical dispute;
Damage;
Expert testimony;
Risk managemen
- From:
Modern Hospital
2023;23(12):1809-1813
- CountryChina
- Language:Chinese
-
Abstract:
Objective To comprehend the trends and fundamental characteristics of medical damage disputes in Guan-gxi,and to offer insightful advice on how to improve patient-physician communication and lower the likelihood of medical dis-putes.Methods The China Judgements Online was searched for a total of 549 civil judgments on medical damage disputes in Guangxi from 2017 to 2021,and the sample sizes were subsequently analyzed by descriptive statistics in four dimensions:distri-bution of precedents,identification,division of liability,and amount of compensation.Results In terms of distribution charac-teristics,the types of medical institutions where disputes occurred were mainly general hospitals above the second level,with ob-stetrics and gynaecology,emergency medicine and orthopaedics being the departments with a high incidence of disputes;in terms of identification,medical fault judicial appraisal was mostly used for identification,and the court's acceptance of the identifica-tion results reached 93.3%,with the average length of the case hearing being about 11.8 months;in terms of the division of re-sponsibility,medical institutions took secondary responsibility From the analysis of liability,medical institutions were mostly re-sponsible for secondary liability,accounting for 37.5%;from the analysis of the amount of compensation,the average amount of compensation has been increasing year by year.Conclusion Medical institutions need to lessen the frequency of litigation cases and lessen litigation compensation since the connection between doctors and patients remains strained.To reduce medical disputes and litigation,they should improve medical risk identification,improve medical safety management,direct people's mediation,investigate medical risk sharing mechanisms,enhance the independence and professionalism of judicial appraisal,standardize the notification of autopsies,and employ expert support personnel.
