Research On Ways To Solve Medical Disputes In China

With the rapid development of economy and society,China's medical and health services have made great progress in recent years.However,under the background of the good development of China's medical and health undertakings,it is faced with the realistic dilemma of frequent medical disputes.The regulations on the prevention and treatment of medical disputes,which took effect on October 1,2018,stipulates four legal means of settlement,namely,voluntary consultation,application for people's mediation,application for administrative mediation,and filing a lawsuit with the people's court,indicating that a diversified mechanism for resolving medical disputes in China has taken initial shape.However,there are still many problems in the four dispute resolution methods in the current medical practice.It is the most convenient and quick way among the four legal ways to solve the problem.However,there are many problems in the system of parties' voluntary consultation.First,the probability of evading legal responsibility is high;Secondly,the uncertainty of compensation standard;Third,the legal effect of the agreement is weak and other related issues.Applying for people's mediation to solve medical disputes is the latest legal way to solve medical disputes in the regulations on prevention and treatment of medical disputes.Medical dispute mediation committee is an autonomous organization,and medical mediation is one of the people's mediation systems.Although it is the newly established legal settlement method,the people's mediation system in China has been working well in the mediation of other disputes,and its experience and methods have enabled the people's mediation system in medical disputes to develop rapidly.However,there are still many problems in the treatment of medical disputes.First,there is a shortage of mediators;Second,low social identity;Third,under the supervision of insufficient strength and other problems.Application for administrative mediation system refers to the state health departments to participate in the mediation of medical disputes.The author thinks that administrative mediation is more professional than people's mediation.The local health authorities are responsible for medical and health authorities,and are familiar with medical dispute cases.Professional people do professional things.It's like a father taking care of his son.However,based on the relationship between the health authorities and the doctors,there are many problems in the mediation work of the health authorities.First,the scope of administrative mediation cases is too narrow;Secondly,the neutrality of administrative mediation is lacking.Third,the administrative mediation procedurelacks the standardization and so on a series of problems.Litigation to resolve medical disputes is the most common way to resolve disputes.With the gradual improvement of people's concept of the rule of law,people are more and more enthusiastic about solving medical disputes through litigation.Most people will go to the court for emergency treatment after the occurrence of disputes.Despite the popularity of court action,litigation resolution still has its drawbacks.First,there is the "dualization" mode in medical appraisal;Second,unreasonable distribution of burden of proof;Third,the cost of litigation is too high.For foreign countries,the relevant medical insurance system is used as a guarantee to solve medical disputes through litigation,party consultation,arbitration and other diversified ways.This paper analyzes and compares the four ways of dispute resolution,and finds out the problems existing in the operation of the four ways of dispute resolution.At the same time,the author also through the search of information,research on foreign experience in the handling of medical dispute cases,and for the improvement of China's diversified dispute resolution approach to put forward Suggestions.It is necessary to clarify the applicable scope of the case,establish the compensation standard of the case and strengthen the legal effect of the agreement.It is necessary to improve the social treatment of mediators,strengthen the construction of mediators' team,improve the social recognition and strengthen the supervision and management.It is necessary to enlarge the scope of administrative mediation cases,strengthen the legal effect of administrative mediation,and improve the procedure of administrative mediation.In order to solve the litigation,it is necessary to unify the medical authentication mode,carry out the authentication system across administrative regions,distribute the burden of proof reasonably and reduce the litigation cost.At the same time,the author proposes to legalize the arbitration of medical disputes,which can better improve the diversified dispute resolution system in China.