Study On Regulations Of Overtreatment

Overtreatment widely exists in most clinical practice. It is not only a waste of limited medical resources, but also against the physical and mental health and property interests of the patients. To a certain extent, the doctor’s excessive medical treatment behaviors exacerbated the deterioration of the relationship between doctors and patients. While in the short term it can bring certain economic benefits to the medical institutions, but the violation of legitimate rights and interests of patients in exchange for the interests, there will be detrimental to the long-term interests of the medical institutions, and the healthy development of medical and health undertakings. Consequently, to solve the problem, some measures have been taken and result is obtained,such as the implementation of the “clinical pathway”, and the reform of the medical insurance payments. Judging from the current situation, however, this is but a semblance. At present, the situation is that the excessive medical problems are still prevalent. On these trends, with the improvement of the level of medical technology, overtreatment will be intensified. Therefore, in-depth study on overtreatment, explore the effective methods, for solving the key and difficult problem is particularly urgent.The article discusses the regulations of overtreatment from two respects: the science of law and management. The regulations only come from the point of the system of administration to be provided and not in the strict sense of the legislation, nor as the legal basis for tort liability. The system of administration of the lack of legal basis does not have a reasonable and legitimate, cannot be effectively implemented. Similarly, only from the angle of legislation to reform, and does not bind to the management practice of medical health, we cannot be completely prohibited the overtreatment. In order to solve a series problem of the overtreatment, we must be based on the two aspects of the legal institutions and administration system, constructing a scientific management mechanism.This article adopts theoretical reasoning and case analysis as research methodologies. It combined with the professional knowledge of law and management expertise. The statement of this article may be separated into five parts. The first part is the summarization of the overtreatment, including the concept, pattern of manifestation, characteristics and the difference with other concepts. Then we analyzed the overtreatment from two aspects of law and management. Through the above discussion, the purpose and significance of the research in this paper clearly, which lays a foundation for further study and provide theoretical foundation for the study. Next, focus on the analysis on the causes of the overtreatment, and through the reasons to find countermeasures. From the two aspects of law and management we study that how to regulate the overtreatment. This paper is based on the combination of theory and practice, strengthen the relationship of the law and management, and broaden the solution of the excessive medical problems in perspective. This section is key point of this dissertation, and also is innovation place.