Study On The Management Of Medical Disputes

Research PurposeTo inspect the quality by the ways or the guidance of process is the core of the quality management system of ISO: 2000. Everything is finished during the process, so the process management should be attached to much importance and looked upon as one of the basic principles. This is the case in the management of medical disputes.By inducing the literature and Delphi, the thesis sets up and validates the standard on the signs of medical disputes to work as a tool of predicting the probability of the medical disputes, then to some extent medical disputes could be held back. On the other hand, the thesis establishes a new system to deal with the medical disputes as a remediation by research on its settling ways, the corresponding result and the relating situations. In this way, the practical tools and theoretical basis for the management of medical disputes in China are established.Research MethodsInducing the literature, Delphi, survey on the spot, descriptive analyses and theoretical analyses are adopted in research on the management of medical tangle.χ2 test , t test and simple comprehensive analyses are adopted to deal with the statistics In the data processing ,the economic analysis, especially the legal economic analysis is conducted in theoretical analysis. ContentsIn the process of research on the beforehand management of medical disputes, that is to say, to set up and validate the standard on the signs, the main contents include: the draft of the standard on the signs of medical disputes; the standard on the signs of medical disputes after the consult on expert and the revision; the establishment of the questionnaire on the causal relation between medical disputes and the internal cause; the real diagnosis meter, forms the hospital medical service dispute omen distribution map, judges the hospital and puts forward the proposal regarding the medical dispute omen prevention degree. In the process of research the afterward management of medical tangles, that is to say, to research on the process of the dealing of management of medical disputes, the main contents include: to discusses 173 cases on the dealing of management of medical disputes, including the overall situation, the subjective target of both sides in disputes processes, different situation route in different process and so on; to take the legal economic analysis method as the main vehicle, on the basis of the data to analyze and compare quite different ways of the management of medical disputes, by decrypting the phenomenon, analyzing the reason, the explaining the phenomenon; to proposed the institutional arrangements strategy that improve the management of medical disputes.ResultsThe research indicated that the standard on the signs of medical disputes has certain practical value,and it is of much significance to value the extent to prevent the medical disputes, to probe into the root cause, to improve the management and to reduce the probability of the medical disputes by differing the signs and the inner causes, which can prevent the medical disputes beforehand; Cronbach's alpha coefficient of the standard is 0.92,it was showed that the reliability of the indicators is very good. The research simultaneously also indicated that the settling ways of medical disputes are consultation but not the mediation or the lawsuit mainly. Then what are the reasons? On the one hand, consultation conforms to our country's traditional law culture; on the other hand consultation is economic, rapid, and more efficient. Its settling time is 47 days , and take patient's 257 yuan; On the contrary, the mediation lacks the neutrality, and does not have the attraction to the patient party, Its settling time is 242 days , and take patient's 4833 yuan; the cost of lawsuit is too high, Its settling time is 511 days , and take patient's 20735 yuan. so what both parties gain does not equal what they lose. Consultation is more likely to cause"medical dispute profiteer"phenomenon, and that the patient party chose the motion called"the medical dispute profiteer"is economical logic; the anticipation of winning the lawsuit has influence on the choice of the settling ways of medical disputes. In brief,The cost of the present settling ways of medical disputes was excessively high, and it should be reduced by the establishment of multi-dimensional dispute-settling ways.InnovationsIn the research, the author establishes and utilizes the medical dispute omen diagnosis meter for the first time, innovatively proposes the discrimination of omen and the internal cause, and has formed the medical dispute omen and the internal cause relations questionnaire, has explored the quota relation between the omen and the internal cause. In the theoretical research part the author take the new achievement of sociological law and the economic analysis of law into the hygienic law.