Research On The Effective Relief Of Doctor-patient Rights In Medical Disputes

In recent years, the incidence of medical disputes increased significantly, the doctor-patient relationship has become strained. One reason is that medical disputes is not resolved properly, the rights of doctors and patients isn’t relieved effectively. For this reason, many theoretical and practical scholars are trying to explore a effective way to relieve doctor-patient rights in medical disputes. This article also hope that through the exploration and study of theory and practice to provide a reference for the effective relief of doctor-patient rights and the building of harmonious relationship between doctors and patients.This article consists four parts. The first part analyzed and defined the concept of medical disputes clearly, and then listed the rights of doctors and patients in medical disputes and the type of infringing rights, finally introduced the relief of right briefly. The second part expounded the traditional remedies of doctor-patient rights and the problems in medical disputes, traditional remedies include reconciliation, administrative mediation and civil litigation. Although three remedies can relieve some rights, they have many difficult problems that can not relieve doctors and patients rights effectively also, In practice we have to explore and improve other proven methods. In the third part, this article introduced the third-party handling mechanism in medical disputes, this mechanism is mostly used to relieve the doctor-patient rights in medical disputes and have many advantages that the traditional remedies can not be compared. Currently, some countries and regions also have the third-party handling mechanism and the effect is very good. Many regions of our country explored variety processing mode, but the operability of them is not strong. However,"Ningbo solution" of medical disputes achieved good results in practice. Therefore, this article focuses on the operating mechanism of "Ningbo solution", analyze the reasons of its success deeply, simultaneously summed up its difficulties and deficiencies. In the final part, this article proposed some proposals to improve and spread the mechanism, and looking forward to spread the third-party handling mechanism in the practice of other place, and flexibly drawing on the successful experience of "Ningbo solution" according to the the regional characteristics, explore the third-party processing mode which adapted to local characteristics, in order to make the mechanism more operational.