摘要
文章通过对肠镜术致肠穿孔的发生率及其所引发的医疗纠纷之化解情况的梳理,认为现状颇不乐观,并提出运用健康保险进行化解的对策——从健康保险的风险救济作用、风险测算和保费估算、对医疗机构的反馈作用等方面进行了具体探讨;同时,评估了强制保险和自愿保险的利弊,研究了保险与《民法通则》《侵权责任法》等法律的衔接问题;且尝试从商业健康保险角度,为肠镜术致肠穿孔医疗纠纷的化解探索一种解决纷争的新思路。
By combing the incidence of intestinal perforation caused by colonscopy and the situation of resolving medical disputes caused by it, the author thought that the current situation is not optimistic, and put forward some countermeasures to resolve it by health insurance. Risk relief, risk measure and premium calculation of health insurance, and the feedback effects of medical institutions, etc are discussed in this paper, the advantages and disadvantages of compulsory insurance and voluntary insurance are evaluated, the connection problem between insurance and Civil Law and Tort Liability Law is studied. The paper tends to explore a new solution to medical disputes of intestinal perforation caused by colonscopy from the perspective of commercial health insurance.
出处
《医学与法学》
2015年第5期57-59,共3页
Medicine and Jurisprudence
关键词
肠镜术致肠穿孔
医疗纠纷
健康保险
风险
intestinal perforation caused by colonscopy
medical dispute
health insurance
risk
