Study On Thesettlement Mechanismofmedical Disputes In China

The conflicts between doctors and patients has been the very tricky problem all of the world, especially in China. The increasing assassinations to doctors have been hazardous situation for peoples working in this area. Meanwhile, patients complaint that the difficulties and high expenses to be treated in the hospital. Overall the situation has been extremely hard for the government, doctors and people. While they should work together against with diseases, patients and doctors are betrayed each other.The object of the research in this dissertation is the medical relationship between doctors and patients. The author analyzes historical backgrounds and practical reasons, combing with the recent disputes resolutions and tries to propose suggestions of medical disputes.The dissertation is divided into three parts including eight chapters. Part I covers chapter1and chapter2. Chapter1defines the medical relationship as the novel legal relation and demonstrates the characteristics of medical relationships with lengthy introduction. Chapter2represents the current situation of medical relationship, points that the insufficient attentions from the government as the leading cause and the misdiagnosis of doctors, misjudgments of judge, misleading of mass media that results in more intensive relationship between doctors and patients.Part Ⅱ contains Chapter3to chapter7, Chapter3focus on the merits of medical disputes, introduces methods of identifications of medical malpractices, analyses deficiencies in the resent identified model with the primary cause rooted in the deep distrust between doctors and patients, gives some advises to improve. which introduces the medical disputes resolutions. Chapter4indicates that specifics and flaws in litigation mechanism and the trend of marginalization has been in the application of Medical Malpractice Management Regulation. Chapter5to7, discusses the non-litigation mechanism, such as mediation, consultation and negotiation, which is the important way to settle medical disputes.Above all, on account of different situations, the author takes a lot of lessens from other countries to overcome difficulties in our medical and health managements on the foundation of legal principle that everyone believes.Part Ⅲ, as Chapter8, the author makes suggestions that the government need to do what they have to do, mass medias need to abide the professional ethics in the framework of expression freedom, doctors carry on the ideal of humanitarianism and patients need to take the risk of uncertain of medicine science. What’s more, sanitation law have to be dependent as a legal branch to regulate medical legal relationship.