A Study On The Path Of The Third Sector Intervening In Medical Dispute Handling

From the perspective of public management and intervention of the third sector, the solution to medical disputes mainly means that a neutral third party shall state facts to the doctor and patient through analyzing and evaluating the focus of controversy and provide them with some guidance for reference so as to make the both parties know the truth and treat the dispute rationally. And then it shall try to make peace between the parties hereto, contribute to the mutual understanding and realize the peace between the doctor and patient.Through analyzing the situation of medical disputes nowadays, this paper raises some problems on the solutions and explains the concept, classification and features of medial disputes and the theories concerned. Meanwhile, it analyzes the causes for medical disputes, including failure of medical services in meeting the demands of patients, incomplete social security system and communication barriers between the doctor and patient, etc. Still, this paper makes an analysis of the existing solutions to medical disputes in China, including the analysis and evaluation on the advantages and disadvantages of the solutions of negotiation between doctor and patient, mediation by health administration and civil lawsuit.By using other countries’ solutions to medical disputes for reference, this paper gets inspiration through analyzing, comparing and summarizing the solutions of developed countries, such as the USA, Western Europe and Japan, etc. Thus the author starts from the intervention of the third sector and manages to get the countermeasures for perfecting such solutions in China. Namely, establish the third-party mediating organization(i.e. mediation committee as raised by the author) to mediate medical disputes in a direct way. Moreover, the government shall lead to build a series of supporting systems, for example, establish a prevention mechanism against medical disputes and a linkage mechanism for dispute mediation, as well as set up and perfect the liability insurance mechanism of medical institutions, etc. Finally, the government shall enhance the neutrality, professionalism and authority of mediation committee.