On The Legal Mechanisms For Resolution Of Medical Disputes In China

People facing the medical industry is a huge group, medical business has relationship with the people's health and social stability and development.Medical disputes frequently happened reflects the tension between doctors and patients across the country, seriously affecting the health development.of our medical business. The legal form of medical dispute resolution system has many deficiencies, difficult to adapt to the development needs of modern society.China's current medical disputes has divided into medical and non-medical damages and were subject to different laws and regulations, resulting in the dual application of the law.In the medical disputes lawsuit,asking the judge, lawyers and other person involved in handling the case not only with a profound knowledge of law, but also requires more specialized medical knowledge making the case rather difficult.Current medical evaluation of medical disputes, there are two forms, one Medical Association, Medical Malpractice, and the other is a judicial appraisal, which China's current laws and regulations there is no uniform requirement, medical malpractice long identified the phenomenon of repeat identification prone, leading to difficulties in medical malpractice cases.Medical litigation in order to maximize the facts of the case found close to the objective facts, to justice, but also need the help of the relevant medical experts from the perspective of medical expertise to determine the damage exists in medical malpractice cases and medical practices and the fact that damage to the causal link between the results relations, issued a clear expertise in order to help identify the facts and trial, so in the proceedings should actively promote the establishment of expert advisor system.Medical laws and regulations related to medical side shall be provided to medical malpractice and medical mistakes to prove causal relationship, it overlooks the special nature of medical science, so in the allocation of the burden of proof should not be increased over the responsibility of medical institutions, but by treatment reasonable share of those with medical institutions.China's current non-medical malpractice litigation in the consultation system solutions in the "Regulations" in the medical dispute resolution clearly defined way of non-appeal. Consultations to resolve any civil disputes the importance of effective and fast way. Consultation with efficient, fast, because it is conducive to both sides of self-government consultations so conscious performance, hidden benefit both doctors and patients privacy protection and so on. However, because the patient during the consultation process the information likely to cause uneven obviously unfair, legally binding agreement is not high, there again, after consultation with the risks of litigation and should therefore be a legal constraints in medical malpractice consultation system.Mediation is the "Regulations" defined another non-v means the medical dispute resolution in the administrative department of health administration health sector, medical malpractice occurs in its guidance on executive power, with the participation of administrative mediation strong administrative color. United States, Germany, Korea and Singapore, other countries have begun the practice of mediation and of the people. January 1,2011 shall come into force of the "Law of People's Republic of mediation," even in the context of the whole society has highlighted the importance of mediation. In practice, for the people how to implement the mediation system is also pressing problem.In our current medical dispute resolution mechanism in non-litigation, arbitration proceedings such a good way of non-medical disputes in the settlement not be effective. Our law does not exclude the medical dispute outside the scope of the arbitration, but the legislation has not explicitly included in the arbitration of medical disputes by the scope of the case, China should attach great importance to the early establishment of the necessary medical malpractice awards medical professional needs and the legal profession protection of the organic combination of the arbitration system.For medical dispute settlement, if the expected introduction of a law to solve all existing problems is not possible to resolve legal disputes of the medical construction of the mechanism is still a long way to go, we have to make comprehensive use of legal and medical-related expertise and improve the medical dispute resolution means the objectives and principles, to take action with a combination of non-complaint mechanism, multi-pronged approach, to reconcile the conflict between doctors and patients to find ways to achieve the medical side and balance the interests of patients, so that rights and obligations of both doctors and patients achieve harmony and dynamic balance and the promotion of healthy and rapid development of medical and health undertakings.