The Legal Research About The Dispute Between Patient And Doctor

Medical action is a higher risk behavior, so in this behavior the doctors and patients all take some risks. It is seven years since the promulgation of The Regulation on the Handling of Medical Accidents. Due to the high professionalism of medicine and law, and the high asymmetry of professional knowledge between the doctors and patients, the disputes between doctors and patients increase sharply, and the damages which the patients claimed increase in a geometric, also the contradictions between the hospitals and patients become intense day by day, even some bodily assaults occur frequently.This paper takes "the medical affray of No.1 Hospital of Nanpin of Fujian province" (for short "Nanpin event") as an instance, and analyses the reasons why it occurred and worsened on and on. Hereby, the author further dwells on the legal and social problems reflected by "Nanpin event" and discusses the reasons why the doctor-patient disputes occur, of which the root cause is the conflict of interests. When it gets down to specifics, they can be divided mainly into three factors, such as doctors, patients and society etc. After the analyses of the reasons giving rise to the doctor-patient disputes, this paper puts forward the countermeasures and suggestions to resolve the doctor-patient disputes, including five aspects, that is, unity the structure of the law, establishment of the prevention mechanism and accidental damages committee, setting up medical accidents mediation committee, and reference to the substitutive resolution part mechanism.