Patient Disputes On A Number Of Legal Issues

As China's medical and health work progress,and the sick to see a doctor has become a well-known common sense,but,because of a variety of reasons,doctors and patients with contradictions and disputes between the more and more,even to a certain extent,affected the social harmony and stability, and patient disputes,it has become a social problem that should not be overlooked.It is from this social reality,I have done this social problem some thought.Such thinking mainly concentrated in two areas,the first aspect is how to prevent the occurrence of medical dispute,first of all,I described our resolve patient disputes currently existing channels as well as existing solutions and its shortcomings. Then I analyzed the doctors,patients,medical institutions, and the relationship between the division of responsibilities, the introduction of clinics to service contracts,prior incidents will have the responsibility for the commitment agreed,as far as possible to avoid the occurrence of patient disputes.Finally,I made a preliminary solution.The second patient disputes on the court's thinking on the medical dispute cases encountered several problems,including First, how to determine the starting point of limitations,I think that set the starting point of limitations should take into account both the patient interests.The patient is how the two sides of the legal burden of proof on thepursuit of fairness and efficiency,with special emphasis on the understanding of judges can not be rigid inversion of the burden of proof principle.Third,the identification of issues on the incidents.Identification include malpractice issues and the legal effect of malpractice and forensic identification of an issue.Specific,the incidents should be identified by the parties Testimony and certification by the judge to determine its legal effect,its conclusions should not necessarily be adopted by the court,and it should not be dealt with as the sole basis for the malpractice disputes and,in some cases Even without malpractice expert conclusions that should also direct infringement liability established. While presiding over the case to a judge to face the conclusions of medical blunders should do something to ascertain the facts, apply the law to resolve incidents and forensic identification of an issue.4 is the introduction of expert support to the medical people involved in disputes in the litigation problems. Judges can be assisted by experts of their own forces to make up for lack of medical expertise,but also prevent the use of personal experts who assisted the judge become party's mouthpiece.Five incidents of damages is how to balance the interests of both parties.First,the difficulty of this issue to a mix of different factors,the parties to ensure a fair, at least two sides to achieve a balance of interests.The second is the issue of the amount of damages to determine.Third, it is difficult to accurately calculate the patient should be paid to the actual medical costs.Finally,I have done a full review,I hope that my thinking for the prevention and settlement of disputes between doctors and patients will be helpful for the establishment of a harmonious relationship between doctors and patients help.