Study On Third Party Mediation Mechanism Of Medical Disputes In Chnia

After the reform and opening up,with China’s economy rapidly growing and the population increasing,people’s demand for medical resources is becoming more and more large and gradually diversified,the number of doctor-patient disputes also increases.In the context of blocked channels for safeguarding rights and long time consuming litigation procedures,a wave of "doctor trouble" and violence against doctors have been set off in the society,and even professional doctor trouble has been fostered.In recent years,the number of disputes due to the epidemic has decreased,but before the epidemic,the incidence of medical disputes remained high,showing an overall rising trend.After the occurrence of medical disputes,the number of disputes that can be settled by reconciliation is limited.If the disputes cannot be settled in the hospital,they have to be settled outside the hospital.Compared with litigation,which takes a long time and takes more energy,third-party mediation of medical disputes has become the preferred channel for patients to safeguard their rights due to its advantages such as short time,free of charge and neutrality.Although the third-party mediation system of medical disputes has achieved good results in practice,it still needs to be improved,such as the lack of neutrality,the scarcity of professionals,the poor operation of the medical dispute resolution mechanism and other problems.Therefore,it is significant to study the third-party mediation system of medical disputes.This paper uses empirical research method to study the third party mediation system of medical disputes in four parts.Part One: A brief introduction of the third party mediation system of medical disputes through the introduction of cases,paving the way for the discussion of the following chapters.Firstly,two medical dispute mediation cases are introduced to summarize the occurrence of the case and the mediation process and make a preliminary analysis.Secondly,by defining the core concepts of medical disputes and the thirdparty mediation of medical disputes,and clarifying the subject,object and content of medical disputes,the particularity of medical disputes,high incidence,great social influence and the characteristics of the third-party mediation system of medical disputes are obtained.Finally,it expounds the existing three kinds of medical dispute solution ways and their advantages and disadvantages,and makes clear the advantages and procedural position of third party mediation of medical dispute.Part Two: Introduces the status quo of five kinds of classical models of medical disputes and discusses the superiority of third-party mediation of medical disputes.First of all,the establishment,operation and mediation process of five kinds of third-party mediation organizations for medical disputes are introduced respectively.Each mode has a mediation flow chart,and the problems existing in each mode are analyzed.Secondly,it focuses on the advantages of the mediation mode with good operation effect,and mentions the shortcomings of the third-party mediation to pave the way for the third part.Part Three: Sums up the problems of third party mediation system in medical disputes.Firstly,the author discusses the shortcomings of the lack of neutrality in the third-party mediation of medical disputes.Firstly,the legal positioning of the thirdparty mediation of medical disputes is not clear,which can not clearly define whether it is a company legal person,a mass organization or a public institution.Secondly,the initial funds for third-party mediation of medical disputes are limited by the government or insurance institutions.The government can take different measures according to different types of disputes,and insurance institutions can also realize more exemption clauses by signing strict insurance contracts.Thirdly,there is no guarantee for the operation funds of the third-party mediation of medical disputes.The law only provides macro-regulations and does not mention the specific operation funds.Secondly,the paper discusses the shortcomings of the shortage of third-party mediation professionals in medical disputes.First,the mediation professionals have a single background,generally only have legal or medical knowledge,and only a few talents with complex background.Secondly,doctors and patients lack psychological counseling,psychological or social work talents in mediation or do not play their due role,some even ignore the psychological counseling needs of medical staff;Third,the salary rights and responsibilities of mediators do not match,and the salary of most employees is far lower than the job responsibilities and job content,which eventually leads to a high turnover rate and talent scarcity.Finally,the paper discusses the shortcomings of the medical dispute resolution mechanism.First,the medical dispute resolution approaches are isolated from each other,and the three approaches of reconciliation,mediation and litigation do not have effective connection or stiff connection,which is not conducive to the dispute resolution.Secondly,repeated collection of medical dispute related evidence,including appraisal results,repeated reaching of mediation agreement,repeated responsibility identification,etc.Thirdly,it is difficult to settle medical disputes.In practice,there are cases where the patient maliciously obstructs the end of the case and deliberately does not accept the compensation from the doctor.Part four: Put forward some suggestions to improve the medical dispute mediation system.Firstly,the neutrality of mediation organizations should be enhanced.Firstly,the legal status of the mass organization of mediation organizations should be clarified,and the mediation process,personnel structure and compensation standards should be clarified.Secondly,make clear the social positioning of the organization to rebuild doctor-patient trust and build a harmonious doctor-patient relationship,and change the funder of the organization to the supervisor to reduce the negative influence of the funder;Thirdly,the government should purchase medical mediation services to solve the fund problem of organization operation.Organizations are required to set up separate accounts,keep separate accounts and make separate accounting.The government should consider the specific amount of expenses according to the actual amount of dispute mediation,the amount of case settlement and the effect achieved by mediation,so as to avoid the loss of state-owned assets.Secondly,we should improve the personnel allocation of the organization.Firstly,we should give full play to the role of material incentive and example to cultivate multidisciplinary talents in multiple stages.Secondly,the psychological counseling function of social work and psychology should be strengthened to provide channels for negative emotions catharsis for both doctors and patients in the whole process of mediation.Thirdly,set up a reasonable salary system to retain talents.Finally,establish a connection channel between thirdparty mediation and other solutions of medical disputes.Firstly,establish a connection mechanism between reconciliation,third-party mediation and litigation,from the transfer of medical dispute related materials to guiding patients to choose other solutions to disputes.Secondly,establish evidence mutual recognition and transformation mechanism,the identification results meet the conditions can be directly applied to other solutions,mediation agreements reached by other solutions can be differentiated according to whether the content of the agreement is changed,but also need to prevent evidence raid;Thirdly,it shall use and keep reasonably and terminate the dispute in time.