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医疗行为失范是指医疗机构或医务人员在从事医疗服务过程中实施的违背医疗行为规范的行为。医疗侵权诉讼举证责任倒置和过错责任原则强化了医疗失范行为,医疗卫生行业财政资源配置的不足和失衡、信任危机引发的医患“委托-代理”困境、医疗服务定价机制的扭曲均诱致医疗行为的失范。应该通过制度构建行为规则和伦理建构信任关系来实现事前预防,同时设置修复受损医患关系的事后司法救济程序,以回归医疗卫生事业的公益属性,维护和谐医患关系。
Medical misconduct refers to the practice of medical institutions or medical personnel in the implementation of medical services in violation of the behavior of medical norms. Medical Inversion Litigation The burden of proof inversions and fault liability principles reinforce the medical malpractice, inadequate and unbalanced allocation of financial resources in the health care industry, the distress of the medical service pricing mechanism caused by the crisis of trust caused by the trust crisis Loss of medical practice. Pre-emptive prevention should be achieved through institutional building of rules of conduct and ethical construction of trust relations. At the same time, ex post facto judicial remedies to repair the relationship between the injured doctors and patients should be set up so as to return to the public welfare attributes of medical and health undertakings and maintain a harmonious relationship between doctors and patients.