The Research On Settlement Mechanism Of Medical Disputes

At present, the legal mechanism to solve medical disputes in our country includes three ways of reconciliation, administrative mediation, and medical litigation. The medical arbitration mechanism as a new means of medic al dispute resolution is in the ascendant. But for various reasons make the four medical disputes handler needs to be perfect in some aspects.First of all, the reconciliation mechanism there are different standards of compensation amount, the parties may have let illegal, and insufficient low effectiveness, that they need through the introduction of a third party contribute to unify compensation standard, clear the scope of medical procedures, and strengthen the effectiveness of the parties reached a sett lement agreement between doctors and patients and other ways to improve it.For administrative mediation mechanism, secondly, there is low credibility, the narrow scope of case, poor execution settlement agreement, and lack of specific procedures. We can, by raising the credibility of mediation procedure, expanding the scope of administrative mediation cases, strengthening the legal effect of administrative mediation agreement, and perfecting the program design of administrative mediation cases, improve the program of the deficiencies and defects.As for the arbitration mechanism, it's not a legal medical disputes resolution mechanism. Doctors and patients know little about arbitration procedure, and the place of arbitration procedure of the medical explorat ion in the shortage of manpower and material resources, so that we need to modify the medical dispute law, ram the social foundation of arbitration mechanism, reform the existing system to resolve resource scarcity problem, to make it better serving for th e reformation of medical system.While, litigation mechanism in some respects, such as judicial appraisal, evidential burden of proof, trial quality, and litigation costs, is insufficient. We should unify medical damage appraisal pattern, distribute evidential burden of proof, improve the quality of trial, and reduce processing costs to realize the "equal-armed" of parties.