The Legal Analysis Of"Mrs. Jin’s Medical Dispute"

In the tradition culture of China, the highest professional ideal of doctors is to help "all the patients in pain". Analogically, in the mind of patients doctors also become their "Angels, great benefactor and God in heaven". All of this ideality indicated a normal and harmonious relationship between doctors and patients. However, with the development of our society economic, relationship between doctors and patients becomes more opposition than harmoniously. Since we enter21century, the data displayed cases of medical dispute with15%speed increase annually, which means medical dispute represent a significant portion of all civil action cases hear by judges. Thus it requires more efficiency when court deal with medical dispute base on the premise insuring judicial justice firstly.Through the case of "Mrs. Jin’s medical dispute" this paper by using case study method, revealed the flaws existing in our country’s settlement mechanism of medical dispute. Mrs. Jin’s case precisely revealed those flaws which existed in our country’s medical dispute settlement mechanism. While in the actual judicial act, judges always felt powerless to deal with the medical dispute. There are two main reasons lead this. Firstly, medical dispute cases required highly professional skills of medical, secondly is the loophole of civil procedure act. Base on the reason above, many medical dispute cases settled by court cannot satisfy both parties, the cases cannot be enforced after many hearing. The three main legal issues reflected from Mr. Jin’s case are the problem of Doctor-patient dispute legal relationship attribute; the duality of medical dispute appraisal system and the problem of Alternative Dispute Resolution. This paper mainly topic-based on the three main legal issues reflected from Mrs. Jin’s case, analyzes the relevant legal questions thoroughly through the method raising, analyzing and solving problems. And introduce, conclude, evaluate and analyze the current research status about these problems in the theoretical circle. On the basis of in-depth analysis, this paper will try to further puts forward some suggestions and countermeasures to complete the solve the problems existing in legal area.