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面对目前我国医疗事业正在转轨时期,医疗纠纷日益增多,医患之间的维权意识确实需要增强,很多医生缺乏自我保护意识,主要是缺乏法律策略的头脑。编辑部提议本刊开设如何防范医疗事故专栏是很有必要的。一般来说,医患侵权诉讼中,当事的医生可以从三个层次来设立防线。Ⅰ医疗事件是否应承担责任,即医疗行为是否存在过失,是否与损害后果有因果关系。这是最主要的防线,必须坚守严防,如经过鉴定程序确实有过失,应该退而进行第二道防线,即Ⅱ.承担责任的程度。医疗事故处理条例中规定责任程度分为完全责任、重要责任、次要责任和轻微责任,尽可能维护降低责任程度是主要目的。Ⅲ.是赔偿数额的多少,医疗机构应当根据法律规定,对患方提出的赔偿要求是否有充分的事实和法律依据,即使在自认为不存在医疗过失的情况下也不要轻易放弃争辩的机会。我觉得国际和平妇幼保健院男科程怀谨医生所写的“由医疗事故鉴定案例简谈如何防范医疗事故”一文对临床医生专业培养有十分重要的意义。
Faced with the current transitional period in China’s medical undertakings, the number of medical disputes is on the increase. There is indeed a need to strengthen the awareness of rights protection between doctors and patients. Many doctors lack the awareness of self-protection, mainly due to the lack of a legal strategy. The editorial board proposed that we set up a column on how to prevent medical accidents is necessary. In general, doctors and patients in infringement proceedings, the doctors can set up three lines of defense. Whether the medical event should bear the responsibility, that is, the existence of medical malpractice, whether it has a causal relationship with the consequences of damage. This is the most important line of defense and must be strictly observed. If there is a real fault in the identification procedure, the second line of defense should be withdrawn, that is, the extent to which responsibility should be assumed. Medical accident regulations set forth in the degree of responsibility is divided into full responsibility, important responsibility, minor responsibility and minor responsibility, as far as possible to maintain the responsibility to reduce the main purpose. III. What is the amount of compensation? Should the medical institution, according to the law, provide the patients with the compensation claim with sufficient factual and legal basis, and should not easily give up the opportunity to argue even if they consider that there is no medical negligence? I think the article entitled “How to Prevent Medical Accidents by Case Identification of Medical Accidents” written by Dr. Huai-chen, a man who works at the International Peace Maternity and Child Care Hospital, is of great significance to professional training of clinicians.