The Medical Dispute Settlement Mechanism Related To Legal Issues

Currently，the incidence of medical malpractice increases a lot. Medical malpracticecould destroy the harmony of the doctor-patient relationship and affect the healthydevelopment of medical and health undertakings. Large and small around the medicalmalpractice frequently hit the newspapers，relying on violence to resolve medical disputeshave also occurred. So，how to use reasonable means to resolve medical disputesgovernance，building a harmonious doctor-patient relationship has become imperative.Through understanding the handling of medical disputes in Beijing，the paper discussthe current main obstacles to medical disputes， the use of literature analysis，for exampleresearch，comparative research，survey research，etc.，to put forward measures to furtherimprove the medical disputes from the legal mechanisms and measures to provide policyadvice to promote medical reference for an effective solution to the dispute.In addition to the introduction and conclusion of this paper is divided into four parts.The first part is an overview of medical malpractice，including the definition of theconcept，Problems in medical disputes，medical malpractice hazards of the contents ofthree parts. This section not only analyzes the concept and the characteristics of medicalmalpractice，but also combines with realistic examples to illustrate the dangers ofdoctor-patient disputes caused to society.The second part talks about the impact of "Tort Liability Act" to the solutions ofmedical malpractice, and analyzes the "Tort Liability Act" positive role in resolvingmedical disputes arising in the implementation and the lack of presence.The third section describes the status of Beijing Medical dispute resolution，andanalysis reconciliation solutions， mediation solutions， solutions such as litigationconducted assessment，and describes the legal basis, advantages，application status for eachmethod.The fourth part is to propose legislation to improve medical dispute resolutionmechanism proposal. This part is made appropriate recommendations to improve thesystem in terms of reconciliation，administrative mediation system，third-party mediationsystem，the mechanism of judicial proceedings, and the establishment of Medical disputearbitration mechanism.