论社区医疗纠纷调解前置程序的设置

社区医疗服务机构是我国医疗卫生改革的一项重要成果,它为社区居民提供了健康卫生指导和基本医疗服务,但同时各地也出现了较多的社区医疗纠纷,这类纠纷具有纠纷当事人身份特定、纠纷事项特殊、标的较小等特点,在处理这类纠纷时要注意结合社区医疗纠纷的特点来寻求其解决机制。分析介绍了社区医疗行为以及社区医疗纠纷的特点的基础上重点探讨了当前我国解决该类纠纷的方式及其缺憾,进而建议设置社区医疗纠纷的调解前置程序,并从其必要性、可行性和具体制度方面进行了论述,建议将社区医疗纠纷作为一类典型纠纷在法律中加以规定,采用委托调解的方式,将其调解组织与审判组织相分离,促进调解的有效实施。

Construction of the Prepositional Procedure of Community Medical Dispute Mediation

The establishment of community health agencies is an important result of the medical insurance system reform, which provides basic medical services. However, at the same time, there are many disputes between community health a- gencies and patients, which are characterized by different qualities with common medical conflicts. The paper, based on the introduction of what the community health agencies do and the features of disputes, analyzes the existing ways to solve such disputes in out country and the defects, and then suggests that the prepositional procedure should be construc- ted. Its necessity, feasibility and the specific system are displayed afterward. In conclusion, the community medical con- flicts, as one of typical conflicts, are supposed to be made into law, and conciliation should be used first before litigation.