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TOWARD HEALING AND RESTORATION AGAINST MEDICAL DISTURBANCE (YINAO) IN CHINA: RECONSIDERATIONS AND PROSPECTS OF RESPONSIBILITY SEARCH AND MALPRACTICE RESOLUTION

TOWARD HEALING AND RESTORATION AGAINST MEDICAL DISTURBANCE (YINAO) IN CHINA: RECONSIDERATIONS AND PROSPECTS OF RESPONSIBILITY SEARCH AND MALPRACTICE RESOLUTION
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摘要 Imbalanced doctor-patient conflicts and divergences such as healthcare disturbance (yinao) significantly undermine the already-weakened mutual trust and lead to further deterioration of workplace safety and environment for medical professionals in China. China has to implement all sorts of efforts to cut off the hostile settings where medical disturbances are rooted and developed. Such measures should at least include sufficient remedies provided by medical insurance, refined administrative mediation mechanism, better workplace protective systems in medical institutions, and more importantly, a full-pledged framework with enforceable rules to circumvent medical disturbances and resolving medical accidents. It is necessary to stipulate administrative, civil and criminal measures to punish medical disturbers while guaranteeing medical professionals such as doctors, nurses and supporting staffs due secured medical practice. In particular, a third-party dispute resolution mechanism, an improved appraisal platform and protection of confidential information of patients and doctors should be implemented in due course. In addition to a more refined legal framework, the social, cultural and professional settings of medical practice should also be further improved by removing "revenge" attacks on Chinese hospital professionals. Imbalanced doctor-patient conflicts and divergences such as healthcare disturbance (yinao) significantly undermine the already-weakened mutual trust and lead to further deterioration of workplace safety and environment for medical professionals in China. China has to implement all sorts of efforts to cut off the hostile settings where medical disturbances are rooted and developed. Such measures should at least include sufficient remedies provided by medical insurance, refined administrative mediation mechanism, better workplace protective systems in medical institutions, and more importantly, a full-pledged framework with enforceable rules to circumvent medical disturbances and resolving medical accidents. It is necessary to stipulate administrative, civil and criminal measures to punish medical disturbers while guaranteeing medical professionals such as doctors, nurses and supporting staffs due secured medical practice. In particular, a third-party dispute resolution mechanism, an improved appraisal platform and protection of confidential information of patients and doctors should be implemented in due course. In addition to a more refined legal framework, the social, cultural and professional settings of medical practice should also be further improved by removing "revenge" attacks on Chinese hospital professionals.
作者 HU Tianlong
机构地区 S.J.D.
出处 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2017年第4期561-583,共23页 中国高等学校学术文摘·法学(英文版)
关键词 medical disturbance dispute solution administrative appraisal medicalinsurance workplace safety medical disturbance, dispute solution, administrative appraisal, medicalinsurance, workplace safety
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