Study On Medical Tangle Solution

In the last years, medical tangles have been on the rise year by year in our country. The claim for medical compensation has arrived at 10,000,000 yuan. And the compensation volume has reached around 3800,000 yuan. Meanwhile, the media has frequently reported a lot of accidents that the sick person or his family has hurt or killed medical staff; at the same time, it happens a lot that the medical institutions or medical staff has violated the privacy of the sick person, the right of the name and the right of portrait. With the implementation of the which is promulgated in April 14th,2002, and has taken place of the , especially with the deepening of the sanitary and hygiene reform in our country and the foundation of the basic medicine social security system, medical tangle has been becoming a hot issue which has drawn great attention from the common people, medical institution and all works of life in the society even from the country. It is the common expectation of the medical staff and the sick person and an important issue for the study of the scholars that medical tangle should be solved in an efficient with justice and low cost so as to keep and maintain relation between the medical staff & the sick persons which is to the benefit of both sides and to the benefit of the development of our medical course. With the coming out of and by the state council, a law system to deal with medical accident has come into being, which help to alleviate the conflict between the medical side and the sick side. For quite a long time, to file a law suit is the most important way to solve the medical tangle. Law suit has played a central role to solve the medical tangle because of the strict procedural system, the authoritative judgements by the judges and guaranteed implementation with state force behind. However, it has own disadvantages which can be easily discovered: the intense fight between the two sides in the law suit has caused great distrust between the medical side and the sick side which seriously damaged the relations between them; the result will not pay to both sides because of the high law suit expense; it is quite difficult for the court to resolve the problem in time because medical tangle happens in a frequent way and is too professional, which unavoidably will be delayed. Ever since 60's last century, ADR has been quite popular among people because of its own advantages and special characteristics in solving medical tangles, which has become a major trend for many countries and regions. This thesis starts from the practice in medical tangle and elaborates on the theory and practice of , analyzes the law suit way and the ADR way. It has a lot discussions in the part of the medical tangle solutions such as the characteristics of the medical tangle law suit, the evidence allocation in the medical tort suit: it has covered a lot in the part of ADR solution to solve the medical tangle the theory foundation of ADR, the construction to solve the real medical tangle in ADR way and comparisons between the medical tangle solutions in ADR way; it has also made comparison between the law suit way and the ADR way in medical tangle. As a result, the writer arrived at the conclusion that it is an efficient and effective way to solve the medical tangle if we can import the ADR system into the medical accident field so as to established a system to solve the medical tangles in various ways with ADR as the leading way to solve the medical tangle and law suit as the final resort, which is certainly in line with our country's present situation.