ADR Study Of Medical Malpractice

Build resolve medical disputes ADR not only has practical significance of medical disputes, but also conducive to the aid of more sophisticated mechanisms of platforms rule of law, the rule of law has far-reaching significance for the modernization of our country. Medical malpractice is a worldwide problem.At present, China is in a period of social transformation in health care reform encouraged the pressure of medical disputes occur increasingly fierce normalization, the status quo of China’s medical dispute resolution are:the traditional model has disintegrated,dispute solution mechanism in the modern sense has not been established. Therefore,our seeking ways to properly resolve medical disputes the need is urgent.In practice, with respect to the litigation, and other scholars and personnel engaged in related work tend non-litigation. Litigation for resolving medical disputes in the advantages and disadvantages exist, and the many lawsuits drawbacks is the advantage of ADR.First, this paper on the theory of medical disputes ADR were outlined, starting from the basic theory of ADR, ADR introduces the theory of the origin of the content, features and types, etc. In order to introduce the concept of medical disputes ADR, providing medical disputes ADR legitimacy. Then combine the status quo of China’s medical field, indicating the general characteristics of medical disputes,medical disputes ADR suggesting the establishment of the urgency and the history of our country to resolve medical disputes were investigated, a detailed analysis of the current situation of medical dispute resolution, and to explore several solutions to correct the shortcomings of existing methods. In this paper, comparative study is also an important element, in order to learn from the experience of other countries and regions, follow the development trend of ADR. Medical malpractice, medical malpractice constructed to ensure that our starting point, the direct use of the successful experience of other countries and regions, build suitable for China’s medical disputes ADR, ADR medical disputes this article for five runs in five of the more successful countries and regions including the United States, Germany, Japan, Taiwan, China and Hong Kong ADR’s medical disputes were compared, summed these non-litigation settlement mechanism commonalities and unique in order for China to build ADR medical disputes arising enlightenment. Finally, mechanisms for constructing the first pass of a master plan to solve some of the problems from the top ideas, systems, institutions, gaming power,the world trend and unique aspects, and on this basis a specific design proposed the basic path of non-litigious solutions to build medical disputes:improving the current mediation mechanism, establish medical arbitration, together with the corresponding auxiliary system,strengthen the interface with the proceedings, is to build more medical disputes ADR our overall concept.The essay is divided into four chapters.