Research On The Control Mechanism Toward Medical Dispute By The Third Party

People's awareness of law and self protection are promoting more and more along with the progress of society. The development tendency and its management have become one of the social most hot spot and nodus. The calmed down of medical dispute in our country at present include three parts, which are self negotiation, control by Medical Administrative Command and lawsuit. Many shortcomings of the three main parts have emerged through practice although they have brought great effectiveness in calming down medical disputes. Self compromise give advantage of relative rapid efficiency and low cost, but medical institutes gradually lost their interests in self compromise along with further aggravation of disputes and reconciliation environments. Doctors and patients both are unwillingly to accept reconciliation by Medical Administrative Command because of its character and nature. Although lawsuit has advantage of powerful program and relative impartial sentence, the judge can barely control the inspection of medical disputes by his simple background of law knowledge, because medical disputes refer to prominent professional technology. Then convert to overdependence of medical technical appraisement draw both doctors and patients into long appraisement, delayed lawsuit, violent confliction, ect. Thus, both doctors and patients are unwillingly to solve problems by lawsuit. Negotiation, which played in history and still plays at present important functions in some regions of our country, shows obvious advantage in control medical disputes through further exploration and practice. The advantage of high performance, convenience, agility through negotiation has made up shortcomings of the three main modes in control medical disputes. At the same time, having thick social tradition and culture basis, negotiation is easy to be accepted by all social circles. After formal enforce of"People Reconciliation Law"published on Jan.1, 2011, the reconciliation by people to control social disputes and its position have been raised up unprecedented. To sum up, establishment of the third control mode by people reconciliation in control medical disputes is feasible and necessary. Further research on the mechanism of the third control mode is necessary because medical disputes are different from general social disputes in that the former is much more special and complex. Correlated systems should be set up and refined to connect the third control mode with three main control modes and make their superiority complemented, and bring into full play in solving the hot spot and nodus of medical disputes.