Comments On The Reconciliation Of Medical Dispute

"The processed Rule of Medical dispute" since 2002 promulgates the implemen-tation, Altogether have three ways solution medical service dispute, Medical trouble both sides consult the reconciliation voluntarily,Medical trouble both sides seek the administration of public health Control section solution are the administrative media-tion Through lawsuit way solution. These three ways have played the positive role in the solution medical service dispute's process, The very good melt medicine trouble is contradictory. However, in recent years, The medical dispute case assumes the tenden- cy which rises year by year, After many years practices, These three ways also ex- pose some flaws during display positive role's, especially reconciles voluntarily take medical trouble both sides as really. "The processed Rule of Medical dispute" as well as other health laws and regulations has not reconciled both parties' right, the concilia- tory procedure to the medical dispute to make the stipulation, Appearance "taking ad- vantage of the 'reconciliation' name, line of 'medical dispute profiteer' reality" the phenomenon, has harmed both parties' benefit, also has harmed the social benefit, and did not favor relaxes the medical trouble to be contradictory, has hindered the harmo- nious society's establishment. In view of this, the home has the scholar to think that should consult medical trouble both sides the reconciliation to solve from three big medical disputes in the way to reject. However, Chinese nation always take "harmonious" as expensive, the conciliatory way has the deep mass base, moreover in reality, the re- conciliation is also harms the smallest one way to medical trouble both sides. Thus it can be seen, abolishes the medical dispute to reconcile the system is wise. Therefore, must take the existing laws and regulations as the foundation, reconciles voluntarily to medical trouble both sides makes the essential limit.The present medical dispute re-conciles Chinese medicine trouble both sides to consult the reconciliation voluntarily, and it has not carried on the foundation which the incident of malpractice appraises to reconcile, Has not carried on the responsibility the division to consult a compensation result, this is right abusiveness, lacks the fair- ness. However, because the present incident of malpractice appraises all sorts of mal- practices, cause medical trouble both sides to contract the side not to trust particularly, are not willing before the reconciliation appraises. Therefore, carries on the investiga- tion to the accident is in advance necessary. Domestic had many cities the reform whi-ch reconciles at the attempt medical service dispute, suggested that introduces the th-ird party, Moreover, through inspection overseas and our country Taiwan area medi-cal dispute system, exists not one exception, introduced the third party to assist to solve the medical dispute. Unifies our country's national condition, to guarantee both the independence in the trouble only then and the independence in the Medical estab-lishment, thus cannot investigate through the administration of public health Control section. Should introduce neutral the third party, third party only then guaranteed that the absolute fairness, the independence, the authority can believe for medical trouble both sides, Just when "Chinese People Republican People Opinion poll Solution" pro-mulgates, The suggestion in the people Redressing committee interior sets up in the expert storehouse acting reconciliation the field work and assists medical trouble both sides to consult the reconciliation, and has the strict practical and feasible procedure to stipulate that facilitates both sides to reach the settlement agreement.