Beijing People's Medical Dispute Mediation And Litigation Status Cohesion And Typical Case Study

To a large extent, medical disputes can be an effective solution depends on choosing a right medical dispute resolution, in accordance with different characteristics of medical disputes. Medical disputes of different circumstances and characteristics require different solutions, the solution of medical disputes should not be single, but should form a wide range of dispute resolution mechanisms. From a practical point of view, the main resolutions of medical disputes include consultations, the People’s Mediation, court proceedings and other ways. However, in the case of Beijing, the scope of consultations is limited. For a public medical institution, the medical dispute only can be resolved by the Beijing People’s Medical Dispute Mediation Committee or court proceedings if the claim amount is more than10thousand.The People’s Mediation of medical dispute is free, flexible and rapid. It can ease antagonism between doctors and patients, but there are also many shortcomings such as no enforceability and so on. It has enforceability in the way of litigation to resolve medical disputes regardless of the ultimate way is mediation or adjudication. However, in the course of litigation to resolve medical disputes also has its inherent flaws, such as high cost, long cycle. Besides, the judge can not determine the highly specialized medical issues, and the bad emotions between parties can not be eased and so on. In the process of resolving medical disputes, there are both advantages and disadvantages between the People’s Mediation of medical dispute and litigation of medical dispute. To a certain extent, these disadvantages can solved if we can link the two ways up. At present, it has received some achievement from three pilot courts of Beijing.This paper aims to research the present situation about joining the Beijing People’s Medical Dispute Mediation and court proceedings, summarize the existing convergence model, mine the problems and find the perfect proposal measures to perfect the mechanism. In order to achieve this research goal, this study examined a large number of domestic and foreign literature. In order to know the present situation about joining the Beijing People’s Medical Dispute Mediation and court proceedings, typical case method, expert interview method, telephone interview method and so on are applied in this study. The study found that the main existing forms of the convergence mechanism include shifting to the Beijing People’s Medical Dispute Mediation Committee from the court before litigation, consigning the medical dispute to the Beijing People’s Medical Dispute Mediation Committee in the process of suit, and Judicial confirmation to the mediation agreement. There are some advantages and disadvantages on the convergence mechanism. This study also puts forward some suggestions to perfect the convergence mechanism.