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A Comparative Study On The Legal Mechanism Of Doctor-patient Dispute Resolution

Posted on:2021-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:K X LiFull Text:PDF
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With the development of medical technology and the enhancement of public legal consciousness,the number of medical disputes in China is constantly rising,and injuries and homicides caused by medical disputes have occurred from time to time,constantly impacting the medical system,and medical disputes have become Social issues that are generally concerned by the whole society.Therefore,it is necessary to further clarify the source of the problems between doctors and patients at this stage,clarify the existing problems in China's existing legal mechanism for the settlement of medical disputes,and on the basis of drawing on relevant experience,explore a reasonable path to improve the existing dispute resolution mechanism,To maximize the harmonious relationship between doctors and patients,and maintain stable social development.This article mainly starts from the definition and current situation of doctor-patient disputes,clarifies the reasons for the frequent occurrence of doctor-patient disputes in the current medical environment,analyzes the deficiencies of the current doctor-patient dispute resolution mechanism,and draws on the experience of other countries to solve related models.Suggestions for dispute resolution models.The article is divided into four parts:The first part is an overview of doctor-patient disputes in my country.By clarifying the legal nature of the doctor-patient relationship,the concept,characteristics and causes of doctor-patient disputes,the theoretical basis and value basis of the diversified dispute resolution mechanism in the field of doctor-patient disputes are analyzed,and the diversified dispute resolution mechanism is in the process of resolving doctor-patient disputes.Play an important role.The second part is the legal mechanism and defects analysis of the dispute resolution between doctors and patients in my country.The legal mechanisms for dispute resolution listed in the Regulations on the Prevention and Handling of Medical Disputes include consultation,mediation and litigation mechanisms.In legal practice,these legal mechanisms for resolving doctor-patient disputes can solve doctor-patient disputes to a certain extent,but they have not exerted the greatest effect in substance.The negotiation resolution mechanism can maximize the interests of both parties,but the fairness and impartiality of the negotiation process are difficult to be guaranteed due to the fact that the doctors and patients obtain incorrect information;although the mediation mechanism has certain authority,its neutrality in the mediation process needs to be investigated The litigation mechanism,as the most widely used solution at present,presents the characteristics of relatively high cost and low efficiency.There are difficulties in the collection and acceptance of evidence,and there are also problems in the medical damage identification system.The above-mentioned problems not only reflect the problems existing in my country's existing doctor-patient dispute resolution mechanism,but also indicate the direction for the future improvement of the doctor-patient dispute resolution mechanism.The third part is the comparison and reference of the legal mechanism for the settlement of doctor-patient disputes.Through analysis of the medical dispute settlement institutions established by the American Association of Medical Doctors and insurance companies,the identification and mediation agencies in Germany,and the treatment mechanism of the Japanese Medical Doctor Association,it is clear The early apology system,professional mediation and appraisal system,and the improvement of the medical liability insurance system have certain reference significance for the proper resolution of medical disputes in China.The fourth part is the improvement of the legal mechanism of doctor-patient disputes.This part is mainly based on the shortcomings of each resolution mechanism,and provides targeted opinions or suggestions for the diversified resolution of doctor-patient disputes.Through the early apology and information disclosure system,strengthen the review of the settlement agreement,solve the problems existing in the negotiation mechanism;through the implementation of the major medical dispute reporting system,the mediation pre-procedure to strengthen the connection with the litigation mechanism;the litigation process should focus on improving the trial The professionalism and efficiency of the activities,increase the review of medical record materials,improve the medical damage identification system,and play the role of the last line of defense;in addition,the application of the arbitration mechanism in the field of doctor-patient disputes should also be promoted.The arbitration procedure of medical-patient disputes cases,giving full play to the authoritative,efficient and neutral characteristics of the arbitration mechanism,provides another model choice for the treatment of medical-patient disputes.
Keywords/Search Tags:Doctor-patient dispute, Negotiation, Mediation, Litigation, Arbitration
PDF Full Text Request
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