A Study On Medical Dispute Settlement Mechanism

The dissertation studies the medical dispute settlement mechanism basing on the increasingly disharmonious relationship between medical institutions and patients nowadays. Analyzing the problems existed currently, the author explores the characteristics of medical dispute and medical activities in view of law. In addition, the author pointed out the basic rules to solve the malpractice and suggested to add ADR settlement mechanism, to finally ease the conflict between medical institutions and patients, maintain an orderly society and underpin the medicine development. The thesis has been incorporated by 6 parts, including preface, four chapters and epilogue.As the general statement, Chapter one clarifies the definition, legal characters and civil liabilities of the medical dispute. According to the author, medical dispute, aroused from medical activities, differs from medical negligence and other disputes. Medical institutions may assume the liabilities for breach of medical service contract or trespass of property right and personal right. These two types of liabilities overlap. Therefore, it is up to patient to choose the most favorable way to have medical institutions assume their liabilities.Revealing the characteristics of medical dispute, Chapter two illustrates the basic rules of medical dispute settlement mechanism, the value-judging guidelines carried out during the complete process of medical dispute settling. The authors assessed that the basic rules should match the specialty of medical activities. The rules shall protect the benefits of common patients as well as individuals. They shall be strict to let the medical institutions assume their liabilities while not too strict to harm their enthusiasm. Thus the basic rules of medical dispute settlement mechanism shall include limited compensation rule, administrative penalty and criminal penalty combining rule and immunity rule on specific medical activities.Briefly introducing the medical dispute settlement mechanism in China and foreign countries, Chapter three comments China's current medical dispute...