Abstract
Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.
Highlights
Problem StatementIn the 1970s, with the rapid development of the medical insurance industry in the United States and the substantial increase in the amount of compensation for medical negligence, the number of medical litigation cases increased sharply [1]
In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system
This article intends to analyze the practical dilemma of the transplantation and reference of the legal system of physician apology, and put forward the possible system reference approach, in order to provide a new perspective for the reform and improvement of the medical dispute resolution mechanism in China
Summary
In the 1970s, with the rapid development of the medical insurance industry in the United States and the substantial increase in the amount of compensation for medical negligence, the number of medical litigation cases increased sharply [1]. It is generally believed that whether a partial apology or a full apology is implemented, it can ease the antagonism of patients, promote the effective communication between doctors and patients, and reduce the amount of medical litigation, reduce the amount of compensation, strengthen the doctor-patient trust and repair the doctor-patient relationship. Under this influence, 56 countries and regions [3], such as Canada, Australia and the United Kingdom, have enacted apology legislation successively and achieved remarkable results. This article intends to analyze the practical dilemma of the transplantation and reference of the legal system of physician apology, and put forward the possible system reference approach, in order to provide a new perspective for the reform and improvement of the medical dispute resolution mechanism in China
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