医疗纠纷和解协议中的法律问题探讨

摘要

Negotiation is the preferred solution chosen by most hospitals and patients in medical disputes. Based on the practice of medical dispute handling in recent years, the present study discussed on the legal effects and legal elements of settlement agreement for medical dispute, to improve its integrity and standardization. Simultaneously, common problems and corresponding resolution in settlement agreement, such as major misunderstand, obvious impartiality, and improper subjects were also analyzed to provide experience for enhancing the legal potency of settlement agreement and fully protecting the legitimate interests of both sides.%协商和解是目前大多数医院和患者在产生医疗纠纷时首选的解决途径.本文以医疗纠纷处理实践为基础,对医疗纠纷和解协议的法律作用、法律要素进行了探讨,为提高医疗纠纷和解协议的完整性和规范性提供指导.同时,针对和解协议中医患双方存在的重大误解、显失公平、主体不当等3个方面,分析了和解协议中的常见问题,提出应增强医疗纠纷和解协议的法律效力、充分保障医患双方合法权益等措施.