The Improvement And Study Of Medical Malpractice Administrative Mediation Regulation

Since the reform and opening up, with the improvement of the level of medical technology, our patient demand has been satisfied, but it is also the improvement of medical technology, which makes people increasingly high expectations, and even want to cure the patient, the healthcare costs rising and the medical staff pressure increases, the medical dispute intensified in our country."The Regulation on the Handling of Medical Accidents" expressly provides that the occurrence of medical disputes can through voluntary consultation, Health administrative departments mediation and litigation to resolve. Today, resolve medical disputes through consultation still accounts for the majority, the effect of health administrative departments mediation is not fully played. Therefore, some scholars believe that the health administrative departments mediation should be abolished. However, due to their professional medical disputes and complexity, both doctors and patients is difficult to reach a consensus through consultation. The civil process is complex, time consuming and cost too much. So the health administrative departments mediation may be the best choice to solve the medical disputes. However, in our existing medical dispute settlement mechanism, the advantages of health administrative departments mediation is not fully revealed.In this regard, this paper will focus on "whether medical dispute mediation system should be preserved or not and fully play its role" as the starting point for the medical dispute mediation system and made some research. This article firstly describe medical dispute mediation system, Secondly, analyzing medical dispute mediation system by researching empirical, comparing the advantages of medical dispute mediation system and negotiation, litigation. and discussing "whether medical dispute mediation system should be preserved" to conclude that medical dispute mediation system should be preserved and improved. Finally analyzing based medical dispute mediation system administration problems, put forward the corresponding suggestions for improvement. This article hopes provide little benefit for the practice of medical dispute mediation system.