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Analysis Of Causes Of Medical Disputes And The Study Of Establishing ADR System

Posted on:2009-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:J N ZhaoFull Text:PDF
GTID:2166360245981715Subject:Law
Abstract/Summary:PDF Full Text Request
With improvement of people's life and the medicine technology keeps enhancing, the public put up with more and more request to the level of medical technology and the grade of service. Therefore, as long as Medical Organization presents unsatisfied service consequence, either causes the medical trouble both sides quarrel to be unceasing, or cause the medical dispute even violence. The medical disputes have already become universal phenomenon in our country.According to the Article 46 in the "regulations on the medical accident treatment", when the incidents occur, such as civil liability for compensation dispute, the two sides-doctor and patient, can negotiate (reconcile) to resolve the incidents. If no side wants to negotiate or the negotiations were not successful, the party can bring forward the application to the health administrative department, or to file a lawsuit to the people's court. After the "regulations on the medical accident treatment" was published, more and more cases are resolved through the means of lawsuit. The ADR has many advantages, such as convenience, economy, quickness, high specialization and strict confidentiality, etc, so it will be a way of quickly and effectively resolving medical dispute. The ADR of medical dispute mainly includes arbitration, mediation, and negotiation. The three ways have their own characteristics and can be suitable to the resolution of different medical disputes.The paper can be divided into three parts: the introduction, the body and the epilogue. And the body includes three chapters: the first chapter sets forth the main causes and characteristics of medical disputes; the second one introduces the present medical disputes resolving system, analyzes their advantages and disadvantages, raises and considers the following issues, such as how to mediate the relationship between the doctor and the patient, how to balance the rights between the two sides, whether can establish a mutual trust and harmonious relationship or not, where is the ultimate way to resolve the medical disputes; the third one studies the necessity and possibility to resolve the medical disputes by using the ADR system, consults the western countries mature ADR system can give us some reference of technical design, the issue that should be first resolved is how to establish a Chinese medical dispute ADR system which not only keeps legal cultural tradition but also accords with the current judicial concept. The writer will study the above issues and hope to find out an effective way for the medical disputes which always happen.
Keywords/Search Tags:Medical dispute, ADR, Medical risk insurance, Arbitration
PDF Full Text Request
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