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Research On Diversified Dispute Settlement Mechanism Of Medical Malpractice

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:C WuFull Text:PDF
GTID:2416330647453478Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a mechanism embodies the comprehensive use of public and private remedies to resolve disputes,the diversified dispute resolution mechanism,by its very name,refers to the settlement of disputes through litigation,arbitration,mediation and other dispute resolution methods.In contrast with the notion of simplification,diversification means to settle disputes from multiple aspects,through multiple channels and approaches.Along with the rapid development of the market economy,there is an inevitable trend for the pluralistic development of society.We will become more vulnerable if litigation is the only resolution when disputes aroused,diversified dispute resolution mechanism thus becomes necessary.As regards disputes of medical malpractice,litigation is still the main resolution at present.However,it is obvious that current needs cannot be met if litigation is the only remedy we could resort to.Therefore,it is necessary to establish a well-developed diversified dispute resolution mechanism since the imperfectness of the existing mechanism impedes its function for disputes settlement.On this basis,this paper focus on the study of the diversified dispute resolution mechanism for medical malpractice and its corresponding issues.To deal with the frequently happened medical disputes and provide some feasible references,by pointing out the insufficient solutions in China and analyzing the foreign practices for medical malpractice,this paper puts forward some pertinent suggestionslike the establishment of a mandatory procedure for pre-litigation mediation and the improvement for arbitration system of medical malpractice.This paper is divided into four chapters.The first chapter is the overview of the diversified dispute resolution mechanism for medical malpractice.The first part of this chapter defines the connotations of medical malpractice,including its concept,specific composition and features.The second part discusses the diversified dispute resolution mechanism of medical malpractice,which entails the basic content of the current dispute resolution mechanism for medical malpractice and the connotations of the diversified dispute resolution mechanism.The third part mainly elaborates the necessity of establishing a diversified dispute resolution mechanism for medical malpractice.The second chapter analyses the status quo and existing problems of the dispute resolution mechanism for medical malpractice.Based on the analysis of current Chinese dispute resolution mechanism for medical malpractice,this chapter summarizes some existing problems such as the lack of professional solutions for medical malpractice,the want of an effective mechanism for convergence between litigation and mediation of medical malpractice,and the lag between the dual system of medical damage appraisal and practice.And then makes further discussion of these issues.With regards to the reference of foreign dispute resolution mechanisms for medical malpractice,the first part of the third chapter mainly introduces American internal review and pre-litigation resolution mechanism.The second part refers to the mediation and accreditation association of dispute resolution for medical malpractice in Germany.The third part describes the dispute resolution mechanism of medical malpractice in Japan.And the last part puts forward some feasible opinions and advice on the basis of summarizing and referencing the above-mentioned foreign experiences.The fourth chapter sets forth improvement routes of the diversified dispute resolution mechanism for medical malpractice and it can be divided into four parts.Firstly,the establishment of an arbitrationsystem for medical malpractice which based on the discussion of the choice between arbitration and litigation,the choice of arbitration institutions and procedures,and special requirements for arbitrators in relation to disputes of medical malpractice.Secondly,strengthening and improving the professional mechanism of mediation for medical malpractice.In view of the specialization of medical disputes,it is recommended to strengthen the existing independent and professional people's mediation for medical malpractice and improve it accordingly.The first two parts are the solutions to the problem of the lack of professional solutions for medical malpractice in China.Thirdly,to improve the mechanism for convergence between litigation and mediation of medical malpractice,this paper proposes suggestions like establishing a mandatory pre-litigation mediation procedure,and expanding the scope of judicial confirmation of mediation agreement for medical malpractice.It is the litigation that can provide sufficient protection for mediation outside litigation of medical malpractice.Last but not least,to reform and improve the medical appraisal system,it is necessary to unify the qualification for authenticators,the procedure for medical damage,and therefore construct a damage appraisal system that can provides sufficient protection.
Keywords/Search Tags:medical malpractice, the diversified settlement mechanism, arbitration for medical malpractice, mandatory pre-litigation mediation
PDF Full Text Request
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