摘要因医师和律师行业以及医疗服务的商业化,医疗纠纷大量增加及其对医疗卫生服务的影响已经成为美国医疗卫生服务系统面临的重大挑战.诉讼是美国医疗纠纷的法定解决途径,虽然英美法系以判例为主要审判依据,医疗纠纷诉讼都在各州法院进行,但联邦层面涉及医疗纠纷的法规仍比较完备.为解决急剧增加和日益积累的医疗纠纷,美国律师、仲裁和医学等社会组织和很多州法院正在积极倡导把替代性纠纷解决途径作为医疗纠纷调解和处理的主要手段.虽然中美两国社会制度、法律制度、经济发展水平、文化背景、医疗服务体系和医疗服务保障体系差异很大,但美国医疗纠纷立法与处理经验仍对我国医疗纠纷处理具有重要借鉴意义.

abstractsCommercialization of the doctors sector and lawyers sector, and that of medical services, sharp rise of medical disputes and its impact on healthcare services have grown into major challenges for the healthcare system in the United States where litigation is the legal way out of medical disputes at large.Anglo-American law system depends heavily on precedence as the criteria and the majority of such disputes trials are held in state courts, there is also a complete system of laws and decrees on medical disputes on the federation level.In an effort to handle medical disputes that are rising sharply in a piling-up amount, American lawyers, social organizations of arbitration and medicine, and many state courts are seeking alternative dispute resolution as a better way out for medical dispute mediation and resolution.Given the gaps between China and USA in social systems, legal systems, ,economic development, cultural background, healthcare systems and heahhcare security systems, these experiences will prove their value of reference for medical disputes resolution in China.