Comparative Research On Non-litigation Mechanism Of Medical Accident Between China And America

Medical malpractice, for now the world is a very difficult problem, especially in medical malpractice settlement mechanism, it is the focus of the study countries. Our country has long been in practice for medical dispute resolution, there is a people's mediation, arbitration, such as system administration, but in the growing intensification of social contradictions, tensions between the medical doctor-patient disputes the field, but are just beginning to start, and there is no effective alternative resolution mechanism. At the same time, the case of a medical malpractice case from the case to finally receive compensation and then usually one or two years required. This will not only waste a great deal of manpower, material resources, but also for the parties is even more overwhelming. So look for an effective mechanism for litigation settlement of our country has become an urgent need to address and resolve the current problems.ADR's are referred to as Alternative Dispute Resolution, is usually translated as "non-litigation alternative settlement mechanism." Western countries are outside the dispute settlement mechanism proceedings of the general term. After decades of development, has formed a relatively well-established mechanism, the scope at all over the world are widely used. In the United States, from the medical environment to the relevant policies and regulations are given great support, so the development of more complete. And our country at a very early stage of the proceedings before the existence of the solutions outside, but for various reasons could not eventually be further developed. Therefore, by comparing the similarities and differences between the two, to identify gaps in order to achieve better diversification. Non-litigation settlement mechanism and diversity of China's harmonious relations between doctors and patients an important guiding values, and thus can build a healthy medical dispute resolution mechanism.This article from the following part of some non-US medical malpractice litigation settlement mechanism are described: the first part is an overview of the basic theory of medical malpractice; the second part of introduction of non-litigation settlement mechanism medical history and the development of the status quo; the third part of China and the United States are non-medical malpractice litigation settlement mechanism of the comparative analysis; fourth part of our country medical ADR mechanisms and effect of defects are discussed. In this paper, the last of the ADR mechanism in the construction and improvement of our country were analyzed. Trying to learn from the United States and the introduction of ADR mechanisms for our country's non-medical malpractice litigation settlement mechanism, the final build to adapt to the status of Chinese medical practice of ADR."Stones from other hills may serve to polish jade", although belonging to the United States and a Chinese law, one belonging to the civil law, at the same time belong to two different systems, but the resolution mechanism for medical malpractice, there is still much the same the Department. Settlement mechanism, therefore, through its analysis of the studies, which the current medical litigation settlement mechanism and put forward a sound idea: For the non-medical malpractice litigation should be considered for inclusion in the scope of the statutory procedures so that proper procedures for future one; to gradually set up the framework of laws and regulations related to the implementation of the system gradually to improve the environment, promotion applies to practice as soon as possible; to non-litigation settlement mechanism statutory force to the law; enhance the credibility of non-litigation, to eventually become a powerful way to add action.