医疗纠纷民事诉讼的若干问题分析

摘要

With the deepening of China's medical reform, especially with the growing awareness of the rule of law, civil litigation more and more medical disputes, as a special civil contract relations, medical disputes related to legal and medical two relations, thus it is necessary to maintain the authority of the law, but also high-risk characteristics clear the medical industry, the only way to better address medical disputes, especially those with very important implications for preventing dampen the enthusiasm of the medical staff. Issues paper Medical Dispute Lawsuits were discussed, first, the nature of the legal relationship between the medical dispute briefly analyzed; then Medical Dispute Lawsuits several specific problems were analyzed comprehensive, in-depth, systematic; and finally how medical institutions to better respond medical Dispute Lawsuits make some targeted measures, hoping to promote China's medical Dispute Lawsuits scientific help.%随着我国医疗体制改革的不断深化,特别是随着人们法治意识的不断增强,医疗纠纷民事诉讼越来越多,作为一种特殊的民事合同关系,医疗纠纷涉及到法律和医学两种关系,因而既要维护法律的权威,又要明确医疗行业的高风险特征,只有这样才能更好地解决医疗纠纷,特别是对于防止挫伤医护人员的积极性具有十分重要的意义.该文对医疗纠纷民事诉讼的若干问题进行了探讨,首先对医疗纠纷法律关系的性质进行了简要分析;然后对医疗纠纷民事诉讼中的几个特殊问题进行了全面、深入、系统的分析;最后就医疗机构如何更好的应对医疗纠纷民事诉讼提出有针对性的措施,希望对于促进我国医疗纠纷民事诉讼的科学性有所帮助.