An Analysis Of The System On The Non-insurance Third Party Mediating And Tangles With The Medical Intervention

Aim:1.Based on analyzing the mode of the legal perspective of the medical disputes domestic and overseas , a new mode that non insurance institutions deal with the legal perspective of the medical disputes as third party will be developed.2. The feasibility of the mode that non insurance institutions deal with the legal perspective of the medical disputes as third party will be researched with the application of questionnaire investigation.Methods:1.In the process of forming the mode, the dominant position of non insurance institutions as third party will be discussed, the relationships of non insurance institutions with medical establishments,patients,other social economic agents in the social system will be expounded, the sources of funds came from third party,the principles of management,the principles of compensation and the calculation programs of compensation sums will be confirmed according to the relative theories and methods of economics,health economics,health care management,sociology,statistics and so on.2. To research on the feasibility of the mode, iconic medical workers came from 6 medical establishments,patients or patients` relatives totally 518 people are chosen to receive investigation, the data is analyzed through Frequencies and analysis of Logistic regression.Results:1. Theoretic research conlusion(1) subject statusThe non—insurance institution Intertrade is an independent and no distance with the patient and medical institution .it's a research institution to deal with the medical incidents without commercial behaviour . it's also an legal institution with health offices. police .civil administration. social secutity and justice cooperation . The workers'payment and work funds are in the governmet budget which is an local government vertical leading .(2) compensation fundsThd intertrade institution has an responsible for collecting and manage compenstion funds .its also for paying the patients'compenstion.The compenstion funds were paid by the medical institution ,medical officers .medicine dealer and medical apparatus equipments dealer.for the first time ,the medical institution pay for the funds according to the average of the former three years'compensation amount. The different local medical institution . category of practice,discipline and Technological levels of medical personnel. They all proportionally payment according to the average By medical institutions unified pay.Medicine or medical apparatus dealer paid according in the health risk of damage coefficient and the sales proportion paid for.(3) mediate and control procedureThe Medical research should talk to the patient's the intertrade path when they on the Clinic or emergency.the patient should pay the defined amount risk fee(for the purpose to build the medical saving funds )and sined the contract of the intertrade resolution before they in hospital .the dispute first mediate in the inner hospital . then to the intertrade .the dispute dissolved when mdiate succeeding .but when it failed. the intertrade do the first breach extension and responsibilty judgement .then calculate the compension according to the extension.They all deal by the state regulation Poverty reduction can apply for the patients identifying. If the patient has opposition ,the inertrade do a second judgement .if they has opposition too.they could Into the law proceedings.The patient could apply for the law help. The intertrde paid by the judgement .To the important state disputes ,the intertrade invite to national agencies and experts to organize a third evaluation. When the intertrde lost the judgement ,they should pay back the mediacl fee . And proportion have to pay damages to compensation, the greater proportion of the higher pay.The doctor and patient coopetate for conspiracy to defraud money damages and compensation fund, the direction of the medical sector and the proportion of fines, custody of the judiciary.(4) the compensation calculation standardThe intertrade calculation the compension by the breach extent and proporation.the compensation items and standard according to the《general provisions of the civil law》and the regulation of《The supreme people's court hearing a case of personal injury compensation of the question of interpretation applicable law》.2. Results of The feasibility study(1) Results of the questionnaire of medical staff260 medical staffs have been surveyed and the agreement rate of the solution mode and the component of the organization are respectively 92.7% and 94.6%. 190 of them (73.1%) agree to pay the compensation by the medical institution. 102 of them (39.2%) agree to pay the compensation by the medical staff as the opponents believe that paying for the compensation add to their economic burden and they hope it should be paid by the medical institution. 186 of them (71.5%) agree to pay the compensation in proportion by the medical institution. More 73.1% of them agree to pay the compensation in proportion by the medical staff.The results of the Logistic Regress Analysis indicate that:to the problem of forming the mode that recognized third-party organization to investigate medical dispute, the agreement ratio of medical workers came from department of pediatrics is lower than that of medical workers came from other departments; to above problem, the agreement ratio of medical workers came from department of pediatrics is lower than that of medical workers came from other sections, the agreement ratio of clinical practicing physician is lower than other kinds of physician; to above problem, the agreement ratio of medical workers who live with spouse,children together is lower than that of medical workers who live in other ways, the agreement ratio of clerk generals is higher than that of the middle-level managers and vice middle-level managers;to the problem of agreeing with medical workers surrendering compensation fund or not, more clerk generals affirmative attitude; to the problem of agreeing with the way of medical establishments to compensate in proportion or not, the agreement ratio of medical workers who live with spouse,children together is lower than that of medical workers who live in other ways, the agreement ratio of medical workers came form surgical department is higher than that of medical workers came from other departments; to the problem of agreeing that recognized third-party organization can ask for compensation from the medical establishments who should carry legal responsibility or not, the agreement ratio of medical workers came form surgical department is lower.(2) .Results of the questionnaire of the patients or their relatives.258 of the patients or their relatives have been surveyed and the agreement rate of the solution mode and the component of the organization are respectively 97.7% and 96.5%. 97.7% of them agree on the mediating process. 250 of them (96.9%) agree on the basis of the compensation and calculation. 249 of them (96.5%) agree on the calculating method of the compensation. 246 of them (95.3%) agree to offer the solution of the disputation in the clinic or the emergency call. 217 of them (84.1%) agree to pay the compensation of the medical risk as the opponents believe that paying for the compensation add to their economic burden and they hope it should be paid by the government or medical institution.The results of the Logistic Regress Analysis indicate that:to the problem of forming the mode of the recognized third-party organization investigating medical dispute, the agreement ratio of the patients and relatives of persons lived alone or worked in the state-owned enterprise,farmers and self-employed is lower; to the problem of agreeing with the recognized third-party organization asking for compensation based on clear sums or not, the agreement ratio of patients and relatives of persons who live with spouse and children together, or receive cure in surgical department is lower; to the problem of handing in medical compensation, the agreement ratio of patients and relatives of persons who receive cure in surgical department is lower.Conclusion:1. The new mode of non insurance institutions dealing witn medical disputes should be developed which can be pilot operated by government.2. Medical wokers,patients or patients` relatives consider the mode of non insurance institutions dealing witn medical disputes as feasible.3. Informants endorse the mode of non insurance institutions dealing witn medical disputes, the pertinence promotion of non insurance institutions dealing witn medical disputes should be carried out.Innovation: the totally new feasible mode of non insurance institutions dealing witn medical disputes has been formed.