On The Third Party Mediation Mechanism For Doctor-patient Disputes

So far, human medicine has experienced four evolutions: spiritual medical model-natural philosophical medical model-mechanistic medical model-biomedical model-bio-psycho-social medical model. There is no doubt that this four medical major evolutionsand practice process have shown us the significance of harmonious doctor-patientrelationship.China is currently in the transformation period of the society. Various aspects in thesociety present situations of contradiction outburst and contradiction intensifying in thissensitive period. The biggest contradiction performance in medical field is dispute betweendoctor and patient. In recent years, doctor-patient disputes are growing rapidly, and most ofthem are doctor-patient disputes with great social impact and wicked nature. Doctor-patientdisputes become even more violent, which have become focus of the attention of the societyand difficulty of social management.The paper starts from analysis of current status, revealing causes for doctor-patientdisputes: social factor; doctor’s factor; patient’s factor; lacking of effective mediationmechanism.It gives a brief introduction to three resolving mechanisms of current medical disputes inChina: reconciliation mechanism; administrative regulatory mechanism and litigationmechanism.It gives examples to introduce four more mature third party regulatory mechanismsexisting in China (mediation by for-profit intermediary, mediation through Resolution Centercooperating with medical liability insurance, mediation by Medical Mediation Commission,and mediation by the People’s Mediation Committee)And foreign experiences in third party mediation mechanism (US, Germany and Japan).On the basis of above study and analysis, it finally positions medical disputes solvingmechanism to third party-leading and multi-participation medical disputes solving mechanism.It offers suggestions and countermeasures with feasibility for medical disputes, provides withrealistic guiding significance for straightening doctor-patient relationship, and consequently constructs friendly and harmonious relationships among doctor, patient and the society.