The Application Of Critical Thinking In Medical Dispute Cases

Critical thinking has been hailed as the icebreaker for the development of human thought and cognition.Critical thinking can be traced back to the ancient Greek period,from Socrates’ "inquisitive questioning" to Plato’s "reflection" mentioned in the republic,the theory of critical thinking has taken shape.In modern times,John Dewey has made an incisive exposition of "introspective thinking".On the basis of inheritance and research by many western scholars,critical thinking theory is becoming more and more mature.Some scholars in China have also introduced and improved critical thinking.Although experts and scholars at different stages have different understandings of critical thinking,their typical characteristics and spiritual core are highly similar.The author believes that the typical characteristics of critical thinking mainly include the following four aspects: independence,reflection,clarity and logic.Specifically,in the process of pursuing and exploring truth,people with critical thinking can maintain independent thinking even under the eyes of others,and possess firm belief and personal strength.In the face of the existing conclusions,the courage to reflect and question,will not adopt the doctrine,go with the flow,follow the crowd;When thinking about problems,I am good at extracting silk from multiple angles and layers,thinking comprehensively,clarifying relevant concepts and clarifying thinking confusion.In the process of seeking answers,he is thoughtful and rational,able to discard prejudice and conservatism,and tends to rely on authentic and reliable evidence and logical reasoning to reach conclusions.In today’s society,with the continuous improvement of medical technology and the enhancement of people’s legal awareness,it is accompanied by the increasingly fierce doctor-patient disputes.As an important part of civil disputes,the relevant evidence is professional,easy to be lost and one-sided,and most of the judgment results depend on the expert opinion and other authoritative conclusions.In addition,the parties often have a great contrast in strength and prominent contradictions,and the success rate of case mediation and case withdrawal is low,most of which are mainly judgments.Therefore,the majority of medical dispute cases are complicated and difficult cases with a long trial period.In the process of court argumentation,the parties to medical disputes are easy to adopt wrong reasoning and argumentationmethods,such as ambiguity and confusion of relevant concepts,and the judges are also easy to fall into the thinking errors such as appeal to emotion or superstition of authority,which leads to errors in judgment.The thinking errors that are easy to appear in the process of trial show that the spiritual core of critical thinking,independent thinking and questioning is consistent with the thinking requirements of judges to accurately grasp the facts of the case,search for evidence and effectively eliminate reasonable doubt.In judicial practice,judges will consciously or unconsciously use critical thinking,and it is obvious in the process of handling cases.In order to handle cases better and more accurately,judges need to have a systematic learning of critical thinking and pay attention to the scientific application of critical thinking in medical dispute cases.Applying critical thinking to medical dispute cases requires judges to think independently,dare to question,weaken the thinking set,abandon prejudice and conservatism,and follow relevant logical rules and reasoning rules.In the process of hearing a case,the definition of relevant professional medical concepts should be clarified,the relevant evidence such as expert opinions,statements of the parties and material evidence should be reviewed,and logical reasoning and analysis should be conducted.Only in this way can a fair and objective judicial judgment be reached and the legitimate rights and interests of all parties can be fully protected.This paper is mainly divided into the following three parts: the first part is a systematic elaboration of critical thinking theory.Firstly,the historical development process of critical thinking is summarized from the different stages of its origin,development and improvement,and then the definition of critical thinking is clarified.Finally,the characteristics and important value of critical thinking are discussed.The second part is the internal connection between the solution of medical dispute and critical thinking.First to define the scope of medical disputes and analysis of the typical features of such disputes,secondly explores the judges and the parties concerned in the process of medical dispute case easily fall in the thought erroneous zone,put forward the problems and difficulties at present stage,finally expounds the necessity of critical thinking in dealing with medical disputes,will establish contact between them;The third part is the application of critical thinking in hearing medical dispute cases.Combining with relevant theories and specific cases,this paper analyzes the specific embodiment and optimization function of critical thinking in the trial of medical dispute cases.