Beneficial Analysis In Medical Dispute Resolution

Legal Economics, also known as economic analysis of law, is an interdisciplinary between law and economics. It considered that the values of legal economics not only embrace the justice, but also the benefits. Therefore, the effectiveness of legal systems should be a criterion for draw up, repealed, evaluated of law,meanwhile regarded the efficiency should be an important value orientation. Laws and regulations should follow the values that consider efficiency as well as justice. In the view of legal economics to inspect laws, not only to answer "what the law is," "Why choose such a law", but also to answer whether the efficiency of such laws can achieve maximum benefit. Through algebra, geometry and other commonly used methods of economics, empirical analysis of the law. Using econometric methods to quantify some of the legal relationship, analysis will be more accurate and clearer, and easy to operate.Medical malpractice is dispute that can't make consensus for harmful consequences between the hospital and patients. At present, judicial process and alternative dispute resolution are available After Medical disputes occurred. Alternative dispute resolutions include hospital—patient consultation, administrative mediation, and professional third—party mediation (professional ADR). Judicial process is an ultimate solution of disputes. The paper in the view of Legal Economics analyzed and compared the four solutions of disputes. We draw a conclusion that ADR have higher efficiency in current judicial situations.Owning to the defect of hospital—patient consultation and administrative mediation. Lead ADR couldn't keep high efficiency. Therefore, professional ADR is the best way to solve Medical Dispute.Succeed in some experimenting city proved ADR are practicable. Meanwhile, we should take notice that the problems appeared in process. To those problems, we analyzed the reason, and bring forward some countermeasure to improve ADR.January 2010 the Ministry of Justice, Ministry of Health, China Insurance Regulatory Commission associated issued a notice, requested to establish People's Mediation Committee in every provinces, Chongqing proposed to establish professional medical dispute mediation committee in 2010. However, innovation of institution need price, also accompanied by risks. Accordingly, to avoid risk, and achieve efficiency, we need to take advantage of legal economics to account various factors. The establishment of ADR is a complement for medical lawsuit, rather deny it. If we can't handle properly the relationship between ADR and lawsuit would waste the Government's investment in medical dispute resolution, or impede the realization of the rights to appeal. Therefore, deal with ADR and lawsuit properly will ensure the efficiency of ADR, but also the assurance that legal authority. Meanwhile, we suppose to deal with ADR and hospital—patient consultation properly. Give consultation full play in some extent.In addition to deal the inner relationship well in resolution system, We should pay attend to external environment of hospital—patient. By active communication, media publicity, which will acquire more social recognition .as a result, this newly dispute resolution will play a higher efficiency. In a word, in the view of legal economic, consider and analyze how to build and improve medical dispute resolution system has an important significance.