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我国正处于社会转型期,医患之间的矛盾不断激化。而美国是医疗纠纷ADR制度的发源地,其兴起和发展有深刻的社会原因。本文从美国医疗领域兴起ADR的原因入手,比较分析ADR与诉讼的优劣,着重论述医疗纠纷审前筛查制度、医疗纠纷调解以及医疗纠纷仲裁制度,这一研究对完善我国医疗纠纷解决机制具有重要的指导意义。
Our country is in a period of social transition, and the conflicts between doctors and patients are constantly intensified. The United States is the birthplace of the ADR system for medical disputes, and its rise and development have profound social causes. This article starts from the reason of ADR in the field of medical treatment in the United States, compares and analyzes the advantages and disadvantages of ADR and litigation, discusses pretrial screening system, mediation of medical disputes and arbitration system of medical disputes. This study is of great significance to improve the mechanism of medical dispute resolution in our country Important guiding significance.