Legal Mechanism Of Dispute Settlement Between Doctor And Patient In China

At present,there are more and more doctor-patient disputes in China,and the growth momentum is rapid,and the conflict between doctors and patients is becoming more and more intense.Doctor-patient disputes have become a widespread social problem.This not only makes the doctor-patient relationship more and more intense,but also is not conducive to the development of health care in China,and even affects the construction of harmonious society in China.,therefore,to clarify the current doctor-patient dispute resolution mechanism of law in our country existing problems,and explore and establish a perfect legal mechanism of doctor-patient dispute resolution,in order to reduce the doctor-patient conflicts,avoid injury medical events,provide effective doctor-patient dispute resolution channel,for the construction of socialist harmonious society is of great significance.Proper settlement of doctor-patient disputes is a worldwide problem.At present,the common legal mechanisms for the settlement of doctor-patient disputes in China include the negotiation mechanism,the mediation mechanism of the administrative department of public health and the litigation mechanism.The doctor-patient dispute resolution mechanism of law in the judicial practice has its applicable scope,can also solve the problem of part of the medical disputes,but our country is still very tense doctor-patient relationship,medical disputes conflict is more and more fierce."Byelaw of medical accident treatment for a negotiated solution mechanism of constraint is only become a mere formality,negotiated solution mechanism may lead to the problem of the missing,and the fairness,impartiality is difficult to secure.The administrative mediation mechanism lacks credibility and authority,and its scope of mediation is limited and the compensation standard cannot meet the needs of patients and their families.The litigation mechanism solves the cost and efficiency of doctor-patient disputes,and the evidence of medical records is difficult.In view of this,this paper first expounded the concept of doctor-patient disputes,analyzed the similarities and differences between doctor-patient disputes and general civil disputes,and discussed the causes of doctor-patient disputes in combination with practicalcases.Secondly,the author summarizes the three legal mechanisms of solving the doctor-patient disputes in China and discusses its shortcomings.Finally,it puts forward the countermeasure to perfect the legal mechanism of medical dispute settlement in China.