The Innovation Of Medical Malpractice Non-litigation Settlement Mechanism

With the accelerating of urbanization and promotion of medical health systemreform, medical tangles ran up and the disputes between doctors and patientsintensified, becoming one of the hotspots of all fields of society. In front ofthroat-cutting medical tangles, the exploration and innovation of settlementmechanism becomes of vital importance.Covering four major parts, the thesis provides systematic introduction to medicaltangle settlement mechanism, especially the mediation commission system, as well asthe newest research materials and relevant laws and regulations via documentsconsultation. Based on the theory analysis, the author employs comparative analysisand methods used by foreign worlds and pilot areas to establish a fresh new mediationcommittee system.On the basis of basic concepts and characteristics of medical tangle, Chapter Onemainly introduces the settlement method of medical tangles, namely court litigationand alternative dispute resolution (ADR), and advantages and disadvantages betweeneach other, with a view to presenting the reasonableness of ADR. Chapter Two theauthor defines consultation, administrative mediation, people’s mediation andarbitration as the traditional medical tangle settlement, and based on introducing theconcepts and traits of four solutions, the author further analyzes the major causes oftheir predicament and setbacks, and advocates the innovation of a new settlement system. The first part of Chapter Three uplifts a primary medical tangle mediationcommittee system based on the comparison with the traditional one, as well as itscomparative advantages and value. The second and third parts explore the effectivemedical tangle mediation committee system in the abroad, and conclude theimportance and feasibility of establishing the mediation committee system in china.Chapter Four mainly establish the mediation committee system from the perspectiveof economic constitution and constituent act and three angles of establishment,organization and monitoring system, and provides an overall positioning onlegislation, expense, personnel, procedure and monitoring. In the establishing processof mediation committee system, it mainly relates to institution establishment andprocedure requirement, while in the extrovert system establishment, it mainly relatesto judicial supervise, system of hearings and self-discipline system.The author attempts to establish a new medical tangle mediation settlementsystem, which will not alleviate the intensified disputes between doctors and patients,but also re-establish a multi-trustable relationship between doctors and patients amidstthe current society with such intensified social conflicts, which can further polish thetop level of system establishment.