Arbitration For Medical Malpractice In U.S. And Its Enlightenment For China

With the continuous development of the society,the reform of China's medical and health system is also gradual,but the medical disputes have become one of the prominent social contradictions during the social transformation in China.The professionalism and complexity of medical dispute means that innovation and improvement of medical dispute resolution mechanisms are particularly important.The arbitration for medical malpractice has been implemented for more than 40 years.This paper studies the system and proposes the enlightenment of medical dispute resolution in China.The article is divided into three parts.The first chapter introduces the development of the medical dispute arbitration system in the U.S..The author first introduces the background,purpose and current situation of the medical dispute arbitration system,and then focuses on the US federal and representative states.The provisions of the medical dispute arbitration system and the policies implemented include the mode of arbitration,the composition of the arbitration institution,the signing of the arbitration agreement,and the selection of arbitrators.The second chapter is the review of the experience of the medical dispute arbitration system in U.S.,and analyzes the advantages and disadvantages of it.The US medical dispute arbitration model can save time and cost compared with litigation,help to control the lawsuit and protect the privacy of both doctors and patients,but there are alsodeficiencies,such as the arbitrator's neutrality has been criticized and the arbitration costs are higher.After analyzing the superiority and the insufficiency,the author believes that there is indeed a place for improvement.The third chapter is perfect China's medical dispute resolution system.The author first expounds the problem solved at the present stage—the relationship between doctors and patients is more complicated,the lack of medical knowledge.From analyzing the legal provisions of medical disputes in China and the traditional methods of existing dispute resolution systems,it is determined that China could and must adopt an arbitration to improve the existence of medical disputes.Finally,the author suggests that the medical dispute arbitration system can be merged with the people's mediation system function,and the people's mediation is the pre-procedure of arbitration.The medical arbitration institution can set up a medical dispute arbitration institution in the original arbitration institution.The composition of the arbitral tribunal is a three-person collegial panel,and the arbitration fee is determined according to the size of the disputed amount.The author hopes that by constructing a medical dispute arbitration mechanism in China,it will not only improve the professionalism of medical disputes,but also avoid litigation,save the judicial cost,and ease the tension between doctors and patients,and rebuild the trust between doctors and patients.