Analysis Of Legal Solutions To Medical Disputes

In recent years,with the continuous development of social economy,people's living standards gradually improved,increasing awareness of health,the medical needs of people also will continue to expand,medical consumption has become an important part of the life consumption of the people.At the same time,the patients increase the medical effects of expectations,the consciousness of rights and the concept of legal system gradually increased,and the media hype misleading,leading to the current doctor-patient conflicts continue to deepen,the number and size of medical disputes is increasing.But the relief way of medical disputes began to diversification,negotiating a settlement,mediation and arbitration,litigation rights,legal consciousness of patients began to measure and evaluate specific medical behaviors of medical disputes,both sides more use of legal means to protect their legitimate rights and interests.However,there are still many loopholes in the legal settlement mechanism of medical disputes in our country,which has seriously hindered the realization of the legitimate rights and interests of both doctors and patients.For example,the legal relationship of medical disputes is not clear and the law is not applicable.Secondly,the identification mechanism of medical malpractice,the identification procedure and the supervision system are not perfect.Thirdly,the compensation standards of medical disputes are different,the amount of compensation in the regulations on handling medical accidents and the general principles of civil law are totally different.In addition,different in negotiation,mediation,litigation degree has some problems,such as doctor-patient consultation or unfair and voluntary composition,health administrative mediation credibility and authority of the low litigation drag etc..The increase of medical disputes has become a serious social threat,which is notconducive to social stability and unity,which is harmful to the construction of harmonious doctor-patient relationship,and hinders the healthy development of medical and health undertakings.Therefore,to solve the medical disputes and promote the construction of harmonious doctor-patient relationship has become a hot issue,which has been widely concerned by the society,the government and the medical profession,and has become a"world problem"".Because of the increasing contradiction between doctors and patients,the existing medical dispute resolution mechanism has been unable to cope with the problems of medical disputes and the needs of the diversified development of society.Therefore,in the face of the current medical disputes blowout type development situation,explore the influence and intensification of reason,perfect legal solution,is particularly important for the development of medical and health service and maintain social stability is,so improve the legal medical disputes in our country is imminent.This paper will discuss for this purpose,the depth of analysis and rational,from analyzing the current situation of medical disputes,and the law of medical disputes in the predicament,combined with the advanced experience of foreign countries,through the improvement of our country's medical identification,medical compensation system,strengthen the third party mediation,litigation dispute resolution mechanism and other diversified medical disputes the way,to find the medical dispute law suits our country national condition solution,making some contribution to China's medical and health services,and promote social harmony,As soon as possible to achieve“the Chinese dream”.