Study On Precedent Case About The Dissension Of Medical Damage Compensation

Objective:By sorting out 997 compensation dispute cases for medical damages from 2005 to2015 retrieved in Chinese referee instruments net and analyzing the developments, changes and causes of the compensation dispute cases for medical damages, the paper tries to put forward specific suggestions, to provide a reference for hospital administrators, medical staff and patients to prevent and deal with medical disputes, to provide reference for the legislative department in acceleration of health legislation, to provide theoretical support for the judiciary to solve the case, to provide ideas of dealing the medical dispute for third-party organizations, to timely and effectively reduce the incidence of medical disputes, to promote the healthy development of medical business, and ultimately to achieve the purpose of promoting human well-being.Methods:(1) Text analysis. By taking 997 compensation dispute cases for medical damages as research subjects, the paper sorted out the judgment documents for the compensation dispute cases for medical damages, quantitatively analyzed the data and the trial results of compensation dispute cases for medical damages solved through civil litigation.(2) Literature analysis. The paper retrieved 58 important literature in CNKI and 23 relevant classical literature and 2 foreign literature in Wanfang Data Services Platform,understanding the status of domestic and foreign researches on compensation dispute cases for medical damages and mining the research ideas.(3) Qualitative research. The paper attempted to improve the research of this study through interviewing the subject-related clinical experts, forensic experts, legal experts and professors of medical institutions.(4) Statistical analysis. The paper sorted out the referee instruments and the causes and compensation of each compensation dispute cases for medical damages, used the Epidata3.1 SPSS16.0 software to collate and analyze data. The descriptive statistics andchi-square test were mainly used in this paper.Results:(1) Basic information: there were 997 compensation dispute cases for medical damages, of which 664 cases was judged, 143 cases dismissed, 10 cases mediated, and180 cases withdrawn. 997 cases were different in time distribution, regional distribution,and hospital grade distribution, but can not believe that there were differences in different departments, methods of identification; 111 medical damage cases were different in the level of hospitals.(2) Compensation conditions: For different times, different ways to identify different responsibility, and different aspects of the accident grades, there were differences in the amount of compensation; in different regions, different levels of hospital, and different departments, etc., we can not hold that there were differences in the amount of compensation.(3) Cause Distribution:(1)Total statistics 997 compensation dispute cases for medical damages, of which 807 cases had entered the identification program of jurisprudence,111 cases were ultimately identified after the Medical Malpractice Identification organized by the medical malpractice. Among the medical damages, the medical damages caused by improper operation happened commonly, accounting for 35.1% of the total, followed by the reason that the examination is not standardized delaying the treatment, accounting for17.1%, while the improper nursing leading the inflammation or infection after medical operation was also an important factor;(2)among the 807 compensation dispute cases for medical damages, 577 cases were non-medical malpractice, there were 119 cases not given the clearly identify results, for the 577 non-medical malpractice cases the improper medical operation accounting for 18.4% ranked as the first reason, followed by 16.3% of medical negligence, 13.0% of teat irregularities, delayed treatment, misdiagnosis 10.2%,including the patient without evidence, administrative mediation entered into force, more than the statute of limitations and other administrative factors; 62 cases with unknown causes medical disputes including five cases compensation humanitarian and 57 cases of suffering side lost.(4) Applicable legal situation: "People’s Republic of China Civil Procedure Law," "People’s Republic of China Tort Law" and "Supreme People’s Court on hearing personalinjury compensation cases applicable to a number of issues of interpretation", respectively accounted for 64.9%, 53.3 % and 39.0%, ranked the top three.Conclusions:(1) There are 111 cases of medical accidents in 997 cases of medical damage compensation disputes,incidence of medical accidents and compensation, due to the time,the geographical distribution,grades of hospitals,department and identification mode of the different classification(2)There are 807 cases in the process of identification in 997 cases of medical damage compensation disputes.Results In the 807 cases of medical disputes, medical malpractices and non-medical malpractices,surgery is the primary reason.(3)Medical damage compensation disputes judicial review application of law,Tort Liability Law were gradually displaced by medical malpractice disposal regulations,on the legal stage of trial of medical disputes.(4)Objectives of effective prevention in management of medical-patient disputes,the major tasks finished by government and society、hospital managers、medical workers and patient the solving methods.