法视野下的过度医疗行为分析

过度医疗是医疗费用居高不下的主要原因之一,有很大的社会危害性,根源在于医疗行业的过度市场化,但因医疗行业的特殊性等原因,法律武器一直未起到应有的作用。为此要明确医疗过度的概念、表现、性质、要件、民事赔偿等问题,在实践中要正确区分过度医疗与适度医疗的界限,尤其要完善相关制度,解决医疗过度维权的难点和“症结”—举证和鉴定问题。

Excessive medical care from the legal perspective

Excessive medical care is one of the main reasons for unreasonably high medical expenditure, it endangers society greatly. This phenomenon is rooted in the excessive marketization of medical service. Law has not yet exerted its impact because of specialties of medical service. Such problems as concept, manifestation, nature, factors and civil compensation should be made clear, excessive and appropriate medical care should be distinguished clearly, more importantly, relevant systems need to be bettered, difficult problems in right protection in excessive medical care - providing evidence and identification - need to be solved.