Study On The Third-party Mediation Mechanism For Medical Disputes

Because of its specialization and high-risk, medical disputes has been emerged inendlessly. As China’s economic and social level gradually improves, ordinary citizens’ rightsconsciousness is more and more strong. However the relevant system construction has notkept up with it in recent years, witch makes medical disputes, especially malignant medicalconflicts increasing in large number.Solving medical disputes, is not only related to the reform and development of ourmedical and health system, but also related to the social stability, as well as ordinary people’smedical rights. It has important researching meaning. This paper is trying to analyze thecurrent solution of medical disputes, and discuss the third-party mediation mechanism onmedical disputes at home and abroad.The first part discusses the meaning of medical disputes, the characteristics of medicaldispute in new period and the problems of traditional solution of medical disputes. The authorthinks that medical disputes is not limited to the kind witch is caused by medical treatmentfault, but also include the ones caused by dissatisfaction on medical service attitude, themedical service level and so on. In the new period, medical disputes present some newcharacteristics, such as the increasing fast, harder to solve, larger amount of compensation,more conflicts and more negative effects. The medical disputes need an institutional solution.However our traditional ways of dealing with medical disputes are usually lack of neutrality,or cost too much money and spending too much time, witch can’t meet the requirement in newperiod.The second part discusses the exploration of the third-party medical dispute mediation inrecent years. Due to the advantage on neutrality, profession, low cost, more cities are takingexperiments of the third-party mediation mechanism on medical disputes. Through a period oftime test, it gradually formed some typical modes, such as Beijing mode, Tianjin mode,Shanghai mode, Nanjing mode and Ningbo mode. This king of experiments get some success,however they still have a lot of problems.The third part discusses some typical medical dispute mediation mechanism in foreigncountries. In western society after World War II, there was an explosive growth of medicaldisputes, and non-litigation mediation is the common solution of developed countries. Withdecades of development, this system formed some mature experience; witch is worth for reference in China. Therefore, the author choose the United States, Australia, Japan, Germany,France, five representative countries, to tell the third-party mediation mechanism on medicaldisputes.The fourth part discusses the suggestion on perfecting our medical dispute mediation.Based on the experiments in the medical dispute mediation, compared with typical ways indeveloped countries, the author makes a few of suggestion on how to guarantee the neutralityof the third-party mediation organization, perfect the third-party mediation mechanism in law,establish the medical dispute compensation funds and so on.