The reform of legal system on the construction and reflection of the logic of actions of all parties in the medical litigation:An empirical study of 404 cases about 6 three-A hospitals in D city
10.3969/j.issn.1674-2982.2018.03.001
- VernacularTitle:法律制度变革对医疗诉讼各方行动逻辑的建构及反思——基于D市6家三甲医院404例诉讼案例的实证考察
- Author:
Lei FENG
1
;
Yi LI
Author Information
1. 重庆医科大学公共卫生与管理学院 医学与社会发展研究中心 重庆 400016
- Keywords:
Medical litigation;
Reform of legal system;
Logic of action;
Medical appraisal
- From:
Chinese Journal of Health Policy
2018;11(3):1-10
- CountryChina
- Language:Chinese
-
Abstract:
Taking the judicial reference information of 404 cases of medical litigation from the 6 three-A hospi-tals from 2009 to 2014 in D city as the sample,it was found that in the reform of the legal system represented by the implementation of the Tort Liability Act increased the number of medical tort litigations obviously;Decline in apprais-al rate,more summary procedure and mediation apply and its high success rate in claim for compensation, serious mediating tendency and decreased hospital's attention to medical litigation have conflicted with the authoritative,effi-cient,fair and reasonable goals that institutional changes are intended to achieve. This is related to the harmonization of the legal pattern of medical damage litigations as it lessens the dispute resolution before litigation and changes liti-gation expectations of the litigants aggravate the burden of evidence from applicants,especially the cost of applying of appraisal,increases the discretion of courts,but failing to improve its professional trial capacity in a timely manner. Based on the investigation of the influence of institutional changes to the logic of operations,the role of the third-party pre-statement dispute resolution mechanism in medical disputes should be further addressed in the future to balance the burden of evidence-relieving methods with the burden of doctor-patient evidence in the form of ease of proof and to improve the procedural diversion mechanism for conciliation and the diversion should be improved to strengthen dama-ges to make the compensation procedure more scientific.
