近年来,由于医疗纠纷的增多,医患双方自行协商或通过人民调解、第三方调解机构(医调委)调解的方式解决了大部分医疗纠纷,使医患矛盾得以快速、便捷地处理。但有部分医疗纠纷在医方全面履行调解协议确定的义务后,患方又以同一事实和理由向人民法院起诉主张权利。如果调解协议本身存在瑕疵,患方在提起民事诉讼时应当合理确定诉讼请求,掌握诉讼技巧,才能增大胜诉的机率,维护患方的合法权益。 In recent years, due to the increase of medical disputes, both medical doctors and patients solve most of the medical disputes through the mediation of the people or mediation by third parties, and the mediation of third-party mediators (Medical Commission) so that the contradiction between doctors and patients can be dealt with quickly and conveniently. However, after some medical disputes have completely fulfilled their obligations under the mediation agreement, the patient sues the people’s court for the same facts and reasons. If there is a flaw in the mediation agreement itself, the patient should reasonably determine the claim and have the litigation skills when initiating the civil lawsuit, so as to increase the probability of winning the favor and safeguard the legitimate rights and interests of the affected party.