ADR Research On The Resolution Of Medical Damages Dispution

The resolution of medical disputes is a serious task for most countries in the world.The resolution mechanism of these disputes includes mainly two ways: litigation and ADR.After the implementation of the "Tort Liability Act" in China, medical tort had been morespecifically defined, and the rights and obligations of both doctors and patients had beenmore specially regulated, which guaranteed the resolution of medical damagecompensation and provided more protection of the vulnerable patients. However, theamount of medical damage disputes increases with the intensification of the contradictionsbetween doctors and patients in recent years. And the infringement litigation paying moreattention to the procedures cannot meet the need of the subject of the litigation because ofthe lack of juridical resources. As a result, a number of cases are protracted without beenresolved, and the legitimate rights and interests of both sides cannot get timely protection.Focusing on the flaws of the existent Chinese tort litigation model of medical damagecompensation after the implementation of the "Tort Liability Act”, this thesis suggests toestablish non-litigation mechanism of medical damage compensation dispute and relevantmedical compulsory liability insurance system, in order to resolve this kind of disputestimely and swiftly and finally to protect the legitimate rights and interests of both sides.The research object of this thesis is the resolution mechanism of medical disputes, and theaim is to consummate this mechanism in China. With the use of the comparativemethodology, the ADR of the two legal systems of medical dispute resolution will becompared and evaluated, and the history and status quo of Chinese medical disputeresolution mechanism will be analyzed, and finally the basic principles and specific ideasto improve our medical dispute resolution mechanism will be concluded on the base ofboth the Chinese situations and foreign experiences.