Study On The Negotiation Resolution Mechanism For Medical Disputes In China

ObjectiveAccording to survey results,this study analyze the application of medical disputes negotiation in the current, such as the approach, the process and the effect; to fully grasp the consultation mechanisms existing in medical disputes, identifying their strengths and problems; to make recommendations to improve the consultation and establish the consultation mechanism model.Method1. Documentary method: accessing to research-related references on the use of non-litigation solutions of medical disputes and the results at home and aboard.2. Scene questionnaire: collecting the evaluation of the solution of medical disputes on the sample hospitals from the three parties (managers, medical staff, patients) by the questionnaire.3. Insider interviews: interviewing deeply the medical disputes staff of the hospital and the Medical Association in the investigation, while interviewing the objects involved the typical cases by the way of semi-structured interviews.4. Statistical Analysis: Using SPSS13.0 database, to get a descriptive statistical analysis by analyzing the number of medical disputes, classification, treatment, and the results , clearly know the current application of medical disputes treatment.5. Retrospective analysis (case analysis): collect 3-5 typical cases on medical disputes negotiation, and some case-related information such as medical record. On the basis of familiarity with cases, integrating theory with practice, to more clearly illustrate the problem.6. The process analysis: comprehensively analyze the whole negotiation process, to find out the problem, and identify potential risk factor.Results1 .Status of medical disputesMedical disputes have formated some characteristics of their own while they are growing fast. The characteristics are as follows: firstly, disputes are usually solved by economic compensation and the amount of compensation is increasing; secondly, disputes become increasingly intense and patients require more compensation, so it become more and more difficult to deal with disputes; thirdly, with the participation of news, newspapers and other media, the social impact of medical disputes is rising.There are three ways to solve Medical disputes: negotiation between doctors and patients, health administrative department mediation and litigation. A dispute can be solved through one way or several ways. The way of negotiation is widely used in real life.2. The application and process of negotiation to solve medical disputesThe ways to negotiate are as follows: medical representatives and patient representatives negotiate directly, negotiate by lawyers respectively from Medical and patient, medical trouble. As the number and type of participants increased, these three forms of negotiation can be changed into each other.The use of negotiation needs to have some conditions. On the one hand, each side should be willing to solve the dispute by negotiation without breaking laws and regulations. On the other hand, the process of negotiation should be flexible, fast and inexpensive.The negotiation process is not uniform, it can be changed according to the hospitals, traditions and the intense of disputes. The Negotiation process has a few steps: plan and analysis, negotiation and communication, mediation and compromise, sign a contract. These four steps can not be completed immediately. They may follow each other in rotation.3. Problems in negotiation resolution for medical disputesThree important factors affecting to negotiation are: medical malpractice expertise, negotiation process and the legal effect of agreement.For the medical malpractice expertise, there are such problems: theorotically, "the launch conditions of medical malpractice expertise restrict one party's rights, strict medical malpractice expertise orders would delay the proper time, the collective conclusions can not be attributable to somebody" etc; practically, there are difficulties, such as "no uniform standards on using medical malpractice expertise, lacking of supervision and management during the whole medical malpractice expertise process, ",etc. There are not enough knowledge on "the right person for negotiation, choosing appropriate negotiation forms" , and so on. Most of people wrongly think that "the more vicious spin, the greater momentum, the faster and the better solution".Lack of legal knowledge between doctors and patients, the validity and effectiveness of agreement are difficult to guarantee.Recommendations1. Updating " the Regulations of Medical Malpractice" to " the Dealing Methods of Medical Malpractice"2. Launching medical malpractice indentification within the hospital firstly.3. Complementing law evaluation specialist, identification supervision administrative personnels, public safety staff, etc.4. Cooperating and maintaining within all the departments, public security offices as well as social medias within the hospital.