完善医疗制度 缓和医患关系

随着社会的发展,医疗纠纷数量日趋增多,成为卫生部门、医院、医生的最大难题,是继医疗改革之后的又一备受社会各界关注的热门话题,医患关系成为社会最不和谐的声音。医患关系紧张、医疗纠纷增多与我国目前相关制度、法规不健全有极大的关系。本文探讨通过建全相关制度、法规以缓和医患矛盾的问题,试图寻找合理处理医疗纠纷的办法。     

从医疗纠纷案例反思医学人文关怀

近年来,我国的医疗纠纷呈不断上升趋势,暴力伤医事件愈演愈烈,究其原因有各种各样的因素,其中对病人的人文关怀缺乏是主要原因之一。本文试图从一些典型医疗纠纷案例入手,从医学人文关怀视角剖析其纠纷发生的原因,提出在当前医疗环境中只有重视人文关怀才能改善医患关系,减少医疗纠纷,构建和谐社会。     

Forensic medical assessment of the validity of medical risk

The notions of an unfavorable outcome as accepted in medical practice as well as those of defected medical care and of iatrogeny are presented in the paper alongside with examples from forensic medical practice. An algorithm is suggested for the thanatogenetic analysis applicable to detection and evaluation of the cause-and-effect relations between the therapeutic-and-diagnostic measures, on the one hand, and the above outcome, on the other hand. Risk criteria are substantiated with reference to medical practice. Finally, a objective assessment scheme is suggested to confirm that the diagnostic and treatment tools, related with a higher risk, were justifiable.     

Patients as consumers: courts, contracts, and the new medical marketplace

The persistent riddle of health-care policy is how to control the costs while improving the quality of care. The riddle's once promising answer--managed care--has been politically ravaged, and consumerist solutions are now winning favor. This Article examines the legal condition of the patient-as-consumer in today's health-care market. It finds that insurers bargain with some success for rates for the people they insure. The uninsured, however, must contract to pay whatever a provider charges and then are regularly charged prices that are several times insurers' prices and providers' actual costs. Perhaps because they do not understand the healthcare market, courts generally enforce these contracts. This Article proposes legal solutions to the plight of the patient-as-consumer and asks what that plight tells us about market solutions to the health-care quandary.     

Medicare coverage, Medicare costs, and medical technology

One possible approach to containing Medicare costs involves explicit changes in Medicare's coverage policy with respect to medical technology. This paper first describes the development and diffusion of medical technology in general and then describes how technologies are identified, assessed, and approved for payment by Medicare. Currently, cost is neither a criterion nor an explicit issue in coverage decisions, although coverage policy is an integral part of payment policy. A combination of policies to reduce the rates of adoption and use of certain technologies is needed--including cost considerations in technology assessments for coverage decisions, limiting diffusion of technology to certain providers and sites, limiting utilization to certain indications, and tightening administrative processes. Finally, the interaction between coverage policy and DRG payment needs to be explored more thoroughly.     

Results, perspectives, and forensic medical aspects of myocardial biopsy

The biopsy of the heart's myocardium is a very important advance for study of the heart in the living patient. Its complications and forensic medical aspects are extremely important. Both are discussed in this article.     

论医疗技术规范在认定医疗过失中的作用

医疗过失是医疗事故和医疗侵权认定的重要要件,这可以从分析《医疗事故处理条例》中的相关内容得出结论。《医疗事故处理条例》第2条规定:本条例所称医疗事故,是指医疗机构及其医务人员在医疗活动中,违反医疗卫生管理法律、行政法规、部门规章和诊疗护理规范、常规,过失造成患者人身损害的事故。     

Males,medical mutilation and the law: some recent developments

Two recent decisions of the English Court of Appeal--Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision) [2000] 1 FLR 571 and Re A (Male Sterilisation) [2000] 1 FLR 549--raise serious issues relating to controversial matters involving law and medicine and deserve wider consideration than in their jurisdiction of origin. This article discusses the practical and policy implications of these cases and places them in the appropriate context.     

论医疗技术规范在认定医疗过失中的作用

一、医疗过失与医疗技术规范 （一）医疗过失 医疗过失是医疗事故和医疗侵权认定的重要要件,这可以从分析《医疗事故处理条例》中的相关内容得出结论.《医疗事故处理条例》第2条规定：本条例所称医疗事故,是指医疗机构及其医务人员在医疗活动中,违反医疗卫生管理法律、行政法规、部门规章和诊疗护理规范、常规,过失造成患者人身损害的事故.