| Now the dispute of medical malpractice has become a hot topic, but how to get effective solution is a difficult thing in practice. The dispute of medical malpractice is a kind of special civil disputes, its specific content determines the essential difference from other disputes, and its special properties also determines the characteristics of the dispute of medical malpractice’s resolution system. However, the specialty of dispute of medical malpractice’ s resolution system derived from the limitations existing in the current solution system.The purpose of this paper is to solve the problem of the particularity of medical malpractice’s resolution system, analyze the limitations of current dispute of medical accident’s resolution system, and put forward the perfect suggestions. Side-by-side structure is used in this paper, according to the three kinds of disputes of medical accident’s solution. The content of this paper is divided into three parts, each part is according to the corresponding with the definition of medical malpractice’s resolution.Then analyze its characteristics and its limitation, thus formed my opinion of the perfect, including the effect of the settlement agreement, allowing medical consultant to participate in the settlement, setting up the third party mediation system, making law to proof ability of provisions, enhancing responsibility for losing patients medical records, stipulate the causal relationship between the burden of proof, and restricting the improvement of the dispute of medical malpractice. In this paper, it researches the related issues of the dispute of medical malpractice’s solution system, probes into the insufficiency of the law on this issue in our country, and proposes the corresponding perfect advice. I hope this article may cause further attention and discussion of this problem in practice and theory to improve the dispute of medical malpractice’s resolution system, and make the dispute of medical malpractice properly resolved. |
PDF Full Text Request