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近年来我国医疗损害纠纷不断呈现上升趋势,然而我国适用解决该类纠纷的法律法规规章之间的衔接却又存在着冲突之处,那么如何破解这一难题,文章在研究医疗损害纠纷的概念、性质后,运用比较法的方法提出:调解是解决医疗损害纠纷的主线,鉴定是解决医疗损害纠纷的关键,保险是解决医疗损害纠纷的根本,互助是解决医疗损害纠纷的条件,仲裁是解决医疗损害纠纷的一个替代性方法,诉讼是解决医疗损害纠纷的最后法律保障,以确保我国医疗损害纠纷法律适用机制的完善。
In recent years, the disputes of medical damage in our country have been on the rise. However, the linkages between the laws, regulations and rules that are applicable to solve such disputes in our country are in conflict with each other. So how to solve this problem? After the nature of the comparative law, it is proposed that the mediation is the main line to resolve the medical damage dispute. The identification is the key to solve the medical damage dispute. The insurance is the fundamental solution to the medical damage dispute. Mutual aid is the condition to resolve the medical damage dispute. An Alternative Way to Disrupt Disputes, Litigation is the Last Legal Guarantee to Solve the Dispute of Medical Disputes, to Ensure the Perfection of the Applicable Mechanism of the Disputes over Medical Disputes in Our Country.