The Legal Regulations Of Our "Medical Trouble"

At present,the treatment process of fast rhythm is very easy to breed some unexpected and misunderstanding,and the development of medical disputes.When both doctors and patients between a the problem is difficult to reach a consensus,mediation has reached an impasse,the patient will choose to destroy them,beating the medical staff,in extreme behavior lane to force the hospital to give money to compensate.This vicious medical dispute is also known as " Medical Trouble ".How to solve "medical trouble" in a fair,timely and effective manner is an urgent problem that we need to solve.The article aims to seek ways to resolve the problem of "medical disorder" from the "source" and gradually lead medical disputes including "medical disorder" to a more reasonable solution.The idea of this research is mainly around the "problem-the phenomenon of the analysis to solve the problem of" such a basic course,combined with the medical"problem" has occurred in the "medical" case and the law explicitly stipulates,for"medical" the concept of behavior,are introduced and described the legal relationship.Secondly,the current "medical" phenomenon is discussed,to collate and analyze the current development trend of "medical" events using the survey data of the objective of"the emergence of occupation medical trouble Understanding.For the medical trouble phenomenon,the causes,in-depth analysis and rational.Finally,in the light of the third party mediation mechanism abroad,this paper studies the necessity and concrete measures of setting up medical dispute arbitration committee in China,such as the establishment of level,the determination of jurisdiction,the selection of members,the procedure of arbitration,the effectiveness of arbitration,and so on.And improve the medical appraisal mechanism and medical insurance mechanism,The article suggests adopting the appraisal mechanism of the combination of the judicial appraisal institution and the medical association.That is,the main judicial appraisal institution,in the medical,forensic medicine experts drawn from the medical association to form an appraisal group for identification.At the same time,insurance institutions are involved as third parties in the mediation and trial of medical disputes.