The Perfect Medical Dispute Processes The Mechanism The Legal Countermeasure

In recent years, the medical dispute has become the social public universal attention the hot spot and the focal point question, the medical trouble relations tense tendency intensifies, the violence frequency sends has become influence social stability and the harmonious important attribute.Along with national medical service organizational reform unceasingly thorough, the citizen law consciousness enhancement, specially the Uygur power consciousness enhancement, the medical dispute becomes the spread tendency in each place, handles the medical dispute is correctly an item of pendulum the social difficult problem which urgent needs to solve in front of the government.In order to promote our country health enterprise healthy development, to protect the patient legitimate benefit, the promotion socialism harmonious society's construction, we must face up to the medical dispute the hazardous nature, discovers the practical effective solution.The full text approximately 20,000 characters, launch the analysis from three aspects.The first part, carries on the real diagnosis inspection to some medical dispute processing present situation, through the massive statistical data and the illustrative case, the analysis discovered the medical trouble relations is anxious, the medical dispute rises year by year, the violence frequency sends, the appraisal rate, the lawsuit rate is low, the government carries out the strength, medical trouble both sides to does not process the result not not satisfiedly and so on the questions to become the current medical trouble relations the real portrayal.This article will revolve the medical dispute present situation to inquire the medical dispute to process the mechanism the related question, for construction harmonious medicine trouble, promotion health enterprise healthy development indication direction.The second part, analyzes the present mechanism movement impeded reason from five aspects.First from system obtaining, the analysis discovered our country standard and the adjustment medicine trouble relations legislation scattered in disorder and the lag, the solution dispute way more is replaces the judicial pattern as well as the legal suitable duality with the administrative way, its most major problem lay in does not have the accurate limits medicine trouble relations legal status and the rights and obligations relations question and dual is suitable the mechanism to initiate the massive social contradiction and the medical trouble relations worsening, is important reason which the current medical dispute frequency sent.Next, from knows the circumstances of the matter the agreement power is medical personnel's legal duty and patient's legal right obtaining, the analysis discovered although our country correlation law laws and regulations to know the circumstances of the matter the agreement power to have the suitable stipulation, but its basic flaw lies in explicitly had not stipulated how doctor does inform and the impartation standard question, also did medical personnel's impartation how only then calculate achieved the patient understood the demand standard question explicitly had not stipulated, then initiation medical service dispute.Third, from our country present stage solution medical service dispute mechanism obtaining, discovered the existing three solution way has its inherent flaw, simply cannot solve the reality dispute problem.Fourth, from the professional risk angle analysis discovered our country existing medical service liability insurance flaw, the medical establishment and the medical personnel faced with the huge professional risk, they adopts the defensive medical service to protect inevitably oneself, thus has initiated the more medical dispute.Finally inquires the discovery from the execution, in by under the harmony primarily melody big background, the government administration did not take, constantly smooths over differences and so on the way solution medical service disputes, on the objective calm violence frequency has also sent.The third part in the consideration overseas solution medical service dispute correlation legal rule and in the solution mechanism foundation, proposed the consummation medical service dispute legal countermeasure.First, explicitly proposed should unify is suitable "Right infringement Responsibility Law" the correlation stipulation processing medical service dispute, solves the legal suitable conflict problem, simultaneously must be suitable the quota compensation the principle.Has like this already protected patient's legitimate rights and interests, also has protected the medical establishment and medical personnel's lawful right, simultaneously is advantageous to the medicine science innovation and the development.Next, in protects the patient to know the circumstances of the matter in the agreement power, proposed the compromise said the impartation standard and the principle, by protect the patient to know the circumstances of the matter practically the agreement power, reduces the medical trouble dispute.Third processes the mechanism on the medical dispute, proposed consummates the consultative mechanism, the establishment folk mediation organization and the medical dispute arbitrates the mechanism the suggestion.Finally from the medicine science development and the innovation consideration, the introduction medical service liability insurance and the medical accident insurance, and proposed the medical liability insurance adopts the compulsory insurance, by true solution medical personnel's extra worries, but medical accident insurance because then is advantageous to the solution the medical accident the accident injury which brings for the patient and the medical personnel.