{"title":"法律变迁视角下的医疗纠纷分析及完善对策","authors":"Zhang Linlin , Zhang Shimeng","doi":"10.1016/j.joto.2024.05.004","DOIUrl":null,"url":null,"abstract":"<div><div>Under the background of medical disputes growing in number, scale and intensity, tracing back legal changes in medical field as a breakthrough point, this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement. In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’ responsibility, and later intensive legislation in balancing increasing \"medical trouble\" phenomenon with limited effects and difficulties to abide by the law, this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience, to reduce investigation of doctors at the judicial level, and to establish a settlement mechanism on doctors' apology at the legislative level, so as to promote a healthy development of doctor-patient relationship.</div></div>","PeriodicalId":37466,"journal":{"name":"Journal of Otology","volume":"19 4","pages":"Pages 247-250"},"PeriodicalIF":1.4000,"publicationDate":"2024-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11701335/pdf/","citationCount":"0","resultStr":"{\"title\":\"Analysis and improving countermeasures of medical disputes from the perspective of legal changes\",\"authors\":\"Zhang Linlin , Zhang Shimeng\",\"doi\":\"10.1016/j.joto.2024.05.004\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>Under the background of medical disputes growing in number, scale and intensity, tracing back legal changes in medical field as a breakthrough point, this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement. In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’ responsibility, and later intensive legislation in balancing increasing \\\"medical trouble\\\" phenomenon with limited effects and difficulties to abide by the law, this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience, to reduce investigation of doctors at the judicial level, and to establish a settlement mechanism on doctors' apology at the legislative level, so as to promote a healthy development of doctor-patient relationship.</div></div>\",\"PeriodicalId\":37466,\"journal\":{\"name\":\"Journal of Otology\",\"volume\":\"19 4\",\"pages\":\"Pages 247-250\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2024-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11701335/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Otology\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S1672293024000254\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"OTORHINOLARYNGOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Otology","FirstCategoryId":"3","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1672293024000254","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"OTORHINOLARYNGOLOGY","Score":null,"Total":0}
Analysis and improving countermeasures of medical disputes from the perspective of legal changes
Under the background of medical disputes growing in number, scale and intensity, tracing back legal changes in medical field as a breakthrough point, this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement. In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’ responsibility, and later intensive legislation in balancing increasing "medical trouble" phenomenon with limited effects and difficulties to abide by the law, this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience, to reduce investigation of doctors at the judicial level, and to establish a settlement mechanism on doctors' apology at the legislative level, so as to promote a healthy development of doctor-patient relationship.
期刊介绍:
Journal of Otology is an open access, peer-reviewed journal that publishes research findings from disciplines related to both clinical and basic science aspects of auditory and vestibular system and diseases of the ear. This journal welcomes submissions describing original experimental research that may improve our understanding of the mechanisms underlying problems of basic or clinical significance and treatment of patients with disorders of the auditory and vestibular systems. In addition to original papers the journal also offers invited review articles on current topics written by leading experts in the field. The journal is of primary importance for all scientists and practitioners interested in audiology, otology and neurotology, auditory neurosciences and related disciplines. Journal of Otology welcomes contributions from scholars in all countries and regions across the world.