Research On Medical Dispute Handling Mechanism

Reconciliation、Mediation and legal proceeding build up our Chinese national medical disputes treatment mechanism, and it dose settle many medical disputes these years. However, with the increase of medical disputes year by year, and facing the fact that numerous problems exist in our national medical disputes treatment mechanism, leading to a dilemma of solving doctor-patient disputes, it is of great urgency to improving medical disputes treatment mechanism in China.The first part mainly introduces the definition and reasons of medical disputes, and reviews the history of medical disputes treatment mechanism in China. In this paper, where medical disputes are discussed in a broad sense, reasons of causing medical disputes are related to the social reality, the medical staff, the patients themselves and many other factors.The second part analyzes the existing various methods of solving medical disputes, including alternative dispute resolution and legal procedure mechanism. On the one hand, different ways have their own advantages to meet the diversified needs of both sides; on the other hand, drawback of these ways may affect the resolve of medical disputes.The third part gives a introduction of medical disputes treatment mechanism in some foreign countries. Through the study of that in Germany, the United States and Japan, we find the advantages of their mechanisms, for instance their healthcare legislation, more diversified ways of treatment and identification mechanisms, all of which are valuable experiences worth learning.The fourth part puts forward the idea of improving our national medical disputes treatment mechanism, we may improve the mechanism in terms of optimizing healthcare regulations, establishing arbitration system and unifying identification model, so as to establish a more convenient and efficient medical disputes treatment mechanism of properly solving doctor-patient medical disputes, and to build a more stable and harmonious society.