侵权责任法"医疗损害责任"的若干问题

<侵权责任法>"医疗损害责任"的规定对于实践中的一些问题没有涉及或者缺乏明示,给民众理解法律和法官判案带来困难.准确理解"医疗损害责任"的规定有助于正确适用法律.     

Assumption of medical risks and the problem of medical liability in ancient Roman law

The claim of an individual to assure his health and life, to assume and compensate the damage from diseases and accidents, had already appeared in the system of the ancient Roman law in the form of many singular legal institutions. In lack of a unified archetype of regulation, we have to analyse the damages caused in the health or corporal integrity of different personal groups: we have to mention the legal interpretation of the diseases or injuries suffered by serves, people under manus or patria potestas and free Roman citizens. The fragments from the Digest od Justinian do not only demonstrate concrete legal problems, but they can serve as a starting point for further theoretical analyses. For example: if death is the consequence of a medical failure, does the doctor have any kind of liability? Was after-care part of the healing process according to the Roman law? Examining these questions, we should not forget to talk about the complex liability system of the Roman law, the compensation of the damages caused in a contractual or delictual context and about the lex Aquilia. Although these conclusions have no direct relation with the present legal regulation of risk assumption, we have to see that analysing the examples of the Roman law can be useful for developing our view of a certain theoretical problem, like that of the modern liability concept in medicine as well.     

关于医疗责任保险的探讨

医疗责任保险体系的建立和完善是分散医疗风险和化解医患纠纷的基本方向和重要手段。但是，我国当前的医疗责任保险制度在理论层面上面临医疗机构对该保险的有效需求不足、保险参与人对保险服务内容的理解存在差异、以及对保险最终结果的期待值不统一的问题；在操作层面上，也存在医疗纠纷调处的法律定位、保险参与人在调处中或诉讼中的权利义务关系、保险部分条款的理解与解释等相关问题。为解决上述问题，有必要采取包括建立医疗责任保险试行期磋商谈判机制、开放保险市场、实现医疗行政责任与民事赔偿责任分离、发展医疗责任保险同时鼓励患者购买医疗风险保险等措施，以达到改进医疗责任保险制度、协调医患关系、构建和谐社会的目的。     

How motivation defines productivity

People "do" things voluntarily because they have a motive to do so. When forced to change comfortable ways of performing, they resist. It is as simple yet as profound as that. Aiming at targets that fulfill employee needs leads to higher productivity and a higher level of job satisfaction. The payoff is translated into improved quality, lower turnover, and a more positive work environment. This is reality. It is common sense. It is good management.     

Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business

Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.     

新医疗责任保险的公信力分析

目的:分析新医疗责任保险公信力的影响因素及提升路径。方法:以实地调研、电话访问等方法进行研究。结果:新医疗责任保险的保费与理赔,理赔中心的中立性与赔偿认定对新医疗责任保险的公信力有重要影响。结论:要从设计合理保费、有效理赔、保持中立性、合理赔偿认定等方面来提高新医疗责任保险的公信力。