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如何快速、公正、低成本地解决医患矛盾、建立和谐医患关系一直是困扰医疗界和司法界的一大难题。诉讼以其严格的程序、权威的裁判、国家强制力的有效保障等因素使其在医患纠纷的解决中始终保持着公信的地位。然而,诉讼也暴露出来诸多不足,主要是医患纠纷的专业化特点所造成诉讼不可避免的拖延和高成本。从我国现阶段的医患紧张的趋势分析,只有仲裁才能快速、有效地解决医患纠纷。本文在借鉴《仲裁法》及其他仲裁制度对如何建立医疗仲裁制度的实施作初步探讨。
How to solve the contradiction between doctors and patients quickly and justly and cost-effectively and to establish a harmonious relationship between doctors and patients has always been a major challenge to the medical and judicial communities. Due to its rigorous procedure, the authority of the judge, the effective protection of state coercion and other factors, the litigation has always maintained its credibility in the settlement of disputes between doctors and patients. However, litigation also exposed many deficiencies, mainly because of the specialized nature of medical disputes caused by lawsuits inevitably delay and high costs. From the present tense trend analysis of doctors and patients in our country, only the arbitration can solve the doctor-patient dispute quickly and effectively. This article is based on the “Arbitration Law” and other arbitration system for the initial discussion of how to establish the medical arbitration system.