修复性正义对我国医疗纠纷处理方式的启示

医疗纠纷发生后的患者、家属及医疗人员都可能会受到伤害,此时医患双方都需要通过修复的平台促进了解与体谅从而让伤害得以复原。修复式正义的基本目标在于平衡医患双方及社会利益,修复纠纷双方紧张的关系,努力促成多元关系社群的动态和谐。在医疗纠纷处理中运用修复式实践模式可以纠正现有处理方式在处理理念,处理效果和处理方式等多方面的局限性。修复性正义对我国医疗纠纷处理的理念及路径具有重要启示,如提供医疗事故风险救济或补偿方式,建立有利于医患沟通的对话平台推动医患共享决策模式以提升沟通品质、整体化处理医疗纠纷的思路和关怀小组积极介入协调医疗纠纷。

Enlightenment from Restorative Justice on The Treatment of Medical Disputes in China

After the occurrence of medical disputes, patients, their families and medical staffs may be hurt, which means that both doctors and patients need to promote mutual understanding through the repair platform for releasing the harm. The basic goal of reparative justice is to balance the interests of doctors and patients as well as the society, repair the tense relationship between the two sides of disputes and promote the dynamic harmony of the multiple relationship community. The limitation of the existing treatment methods in terms of treatment idea, effect and method can be corrected by using the practice mode of repairing in medical dispute treatment. Corrective justice has important enlightenment on the idea and approach in handling medical disputes, such as providing medical accident risk relief or compensation mode, setting up the doctor-patient communication platform, promoting the doctor-patient shared decision-making model dealing with medical disputes to enhance the quality of communication, integrating disposal thought and care team actively involving in coordinating the medical disputes.