DOI: 10.7664/CHE20170607
Analysis on the Insufficient Prevention Investment of Doctors and Patients in Medical Disputes Based on Law and Economics
Abstract：It analyzed the reasons for the insufficient investment in preventing doctor-patient disputes from the economic perspective,which included the irrational allocation of medical resources,medical service price distortion which led doctor manpower cost seriously underestimated,and the asymmetric information from the aspects of doctors or hospitals causing the doctors' moral hazard.The legal remedy for the patients was relatively simple due to the existence of fault liability,therefore had convinced the patients acting provocatively.On the above basis,it constructed the economic path for preventing disputes from the perspective of hospitals and patients.The hospital path included rational allocating for medical resources and implementing hierarchy health care system;designing reasonable medical technical service prices,realizing positive incentive for the doctors;setting up reasonable controlling mechanism to realize the best prevention.The path for patients included realizing the best prevention as adopting the comparative negligence liability principle,encouraging patients to pay the rational prices for the illegal behavior so as to realize the incentive for rationally resolving disputes.
Keywords：medical disputesdoctors-patients relationshipprevention input
Publication Date：2017-01-01
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：5( 23-27 )