Research Of Medical Dispute Settlement Mechanism

In recent years, the occurrence of medical disputes around the world has increased sharply. The number of medical disputes in our country have increased year by year and the doctor-patient conflicts have also arisen. The medical disputes are failed to be properly solved, which will cause failures to fully guarantee the quality of people’s lives and health, and hinder the progress and development of medical and health undertakings to some extent. Compared with the United States, Japan and other developed countries, the laws and regulations handling medical disputes in China are still in the initial stage and there is even no complete legal system at all. It seems fragmented laws and regulations fails to give clear guidance to the dispute resolution and legal claims of medical disputes can not be met. Therefore, the establishment of uniform standards, proper procedures, convenient and efficient, balanced and fair medical dispute resolution mechanism will not only resolve medical disputes effectively and meet the legal claims of various medical disputes,but also maintain medical order, harmonious doctor-patient relationship and improve medical science development.This paper applies the method of comparative analysis combined with field trips, starting from defining the concept of medical disputes. Comparing with the extraterritorial national medical dispute resolution mechanism, deeply analyze the status quo and existing problems of the medical dispute solution mechanism in our country. Feasible suggestions are put forward combined with the specific situation in our country and the innovative solutions to medical disputes will provide some references to the related department.In addition to the introduction and conclusion, this paper is divided into four chapters:The first chapter studies the concept of medical disputes, analyzes the characteristics of medical disputes on the basis of the discrimination of medical practice, defines the differences between medical disputes ad and doctor-patient disputes, medical accidents, medical errors and other related concepts by classifying medical disputes with a view to provide theoretical references to the relevant departments to accurately determine medical disputes.The second chapter is analyzed from the perspective of comparative law, explores the medical dispute resolution mechanisms in the United States, Germany, Japan, further sums up the advantages of several countries’medical dispute settlement mechanisms, and points out the importance of American medical dispute resolution organization, German physicians association’s arbitration and Japanese physicians association in solving medical disputes. The use of these mechanisms will offer references to our country to properly deal with medical disputes.The third chapter starts with the current situation of medical dispute solution mechanism in our country, deeply analyzes the current existing problems. In China, there are three ways to solve medical disputes at the present stage, namely doctor-patient reconcilation, third party mediation and litigation, but the three solutions can not fully meet the diversified medical disputes due to their own insurmountable defects. Moreover, the implementation of the supporting systems of medical dispute settlement mechanism in our country is not satisfactory, like unsound medical liability insurance system, incomplete medical identification system and various standards of medical fault identification.The fourth chapter starts from the perspective of solving the current existing problems, puts forward suggestions to improve the medical dispute settlement mechanism and its supporting systems combined with China’s specific national conditions and foreign advanced theories, offers suggestions to improve conciliation, mediation, litigation combined with the flaws of the medical dispute settlement mechanism and gives suggestions to improve medical liability insurance system, further perfect medical identification system and establish reasonable unified standards of medical fault identification when designing the supporting systems of medical dispute resolution mechanism.The innovation of this paper is the combination of perspectives of substantive law and procedural method. Taking the construction of medical dispute resolution mechanism in China as its purpose, foreign relevant theoretical research achievements as its basis, definition of medical disputes as its starting point, this paper systematically evaluates and researches the medical dispute settlement mechanism and its supporting systems so as to realize the scientific, harmonious and efficient, fair medical disputes resolution.