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Research On Third Party Mediation Mechanism Of Medical Disputes In Our Country

Posted on:2016-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:W X FanFull Text:PDF
GTID:2296330479978274Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with increasing levels of health care and people’s awareness of health care rights, medical malpractice has won much attention in social circles, in addition, the frequent occurrence of "medical trouble" event has increasingly affected social stability. At present, there are three main resolutions to medical dispute in China: the doctor-patient settlement negotiations, mediation and health administrative litigation on both sides. Although these three ways can solve medical malpractice to some extent, there are still some deficiencies. In order to solve the problem of medical disputes effectively, all regions have to seek new medical dispute resolution mechanisms one after another. Both academics and practitioners are calling for the establishment of third-party mediate on mechanism, hoping that it can compensate for the deficiency in three traditional ways of medical malpractice and providing a new way to ease the doctor-patient conflicts effectively through this new solution.At present,China has not yet established a unified third party mediation mechanisms of medical dispute nationwide. After exploring the different operation of the system in various parts, I found that something worthy to be perfect in operation of the mechanism, For example, the legal status of third party mediation organization in medical dispute is not clear legislatively, or the composition of the team members is not professional constructively, the specific procedures is non-standard operationally and identification system is imperfect, etc.Having discovered that the system in our country is imperfect, based on the principles of absorbing and profiting and examined foreign third-party medical dispute mediation mechanism, I hope to get relevant enlightenment. Finally, the article has proposed improvement on the legislation, institutional settings, procedure and the identification system. Researches on third-party mediation mechanism of medical dispute is conducive to promoting its gradual maturity and improvement. What’s more,it will certainly become a new platform which is more just and equitable to resolve disputes between doctors and patients, become more conducive to resolve conflicts between doctors and patients, and maintain social harmony as well as stability.
Keywords/Search Tags:Medical malpractice, Third-party mediation mechanism, Mode of operation, People’s Mediation Committee
PDF Full Text Request
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