Doctor - Patient Dispute And The Strategy Of The

Based on two in-depth study of medical dispute cases, I analyzed the occurrence and the development process of medical disputes in the thesis. The focal points of the thesis are the dispute resolution strategies of both hospital and patient parties in the medical disputes; the the action logic behind the strategies and the subsequent reactions caused by strategies. Discussed the dynamic mechanism of emergence and development of medical disputes and the put forward the countermeasures of preventing medical disputes.The study suggest that primeval resentment of the patient party is the direct fuse of medical disputes. The reasons why the patient party seek outside system methods to solve the medical disputes are patient party’s secondary resentment; patient party’s awareness and mobilization of their social capital and rational calculation of the expected cost and the expected return. To solve the medical disputes, the patient party mainly mobilize and organize relatives, friend and neighbors through strong relation network to join the collective action to solve the disputes by noisy, abuse, smash the hospital and medical staff and other informal collective action as the main strategies.Due to the "relationship", "human relationship" and other social norms and the role of moral obligation, it is easy to mobilize and organize potential members,and no need to look for other resources, organization cost is low. As an outside system solution to medical disputes, collective action is easy to form.The hospital party will first seek the in system solutions to solve the medical disputes because of their status and possession of social capital, such as administrative mediation, medical identification and litigation etc. But because of the patient party’s secondary resentment, formal dispute solutions in system are easy to fail, and this failure again will form with secondary resentment, provide motivation for the next collective action. The lack of political opportunity(arrest by the police) is an effective method to stop the collective action, but it will not resolve disputes effectively. the patient party will continue with other modest means. After both parties’ rational calculation, the party whose expected return less than expected cost will finally compromise, and the disputes will be solved in the final.From the macroscopic level, due to the lack of social capital leads to a lack of trust,and the feasible solutions network to the disputes and a series of specifications are notestablished actively, making disputes cannot fully coordinated and solved well through a diverse and dispersed informal mechanisms, which leads the disputes evolve into more intense conflict, damaging the social order.On this basis, I put forward the ways to prevent medical disputes, including dispelling primeval resentment(strengthening the doctor-patient communication,strengthen the construction of medical ethics; accelerate reform of the medical system and establish a real enjoy health care), dispelling secondary resentment(construct fair and independent third party processing mechanism; strengthen the construction of national authority of the good faith), increasing costs, reducing earnings and increasing the social capital stock in the whole society.