The Study on Alternative Dispute Resolution Dealing with Medical Disputes
|Course||Psychiatry and Mental Health|
|Keywords||medical disputes alternative dispute resolution (ADR) people’s mediation medical arbitration|
In recent years, with deepening reform of Chinese medical and health care system, and enhancing demand of people’s medical care assurance and legal consciousness, the doctor-patient contradictions and medical disputes are increasingly diversified and complex. These multiple medical disputes have increased unstable factors in today’s society, meanwhile, they have became one of the focuses which have drawn great attention from medical institution, patients, every parts of the society even the whole country. How to resolve them rapidly, fairly and with low cost is not only the common expectation of the medical staff, but also the important subject of the scholars, only through it can establish and maintain good relationship of doctor-patient, safeguard legal rights of both sides, and thus promote the development of medical course.This paper follows the research ideas from the general to the specific in theoretical analysis. The first part respectively and thoroughly introduces the radical issues such as the concept, character, and type of alternative dispute resolution (ADR) in the theory frame of it, so as to explore the nature of it in the basement of generality. Then, in the second part, this article demonstrates the existence and development of the ADR system solving medical disputes with justification and rationality on benefic-cost analysis function complementation and demand of law rules, moreover summarizes four basic principles of it.If the above theoretical analysis has led legal foundation for ADR system to solve medical disputes, and then many countries in the world have provided further information on importing the ADR system into the medical disputes field. So the third part has a review of ADR to deal with medical disputes in America, Germany, Japan and Taiwan respectively, afterwards makes a comparison between the law suit way and the ADR way in medical disputes. Finally, in the fourth part, after pointing out the shortcoming and defect of ADR solving medical disputes in our country, the author advises improving it in five aspects: to create the premise on the health legislation, medical care assurance and health supervision; to incentive to negotiate legally and reasonably; to adapt administrative hearing system in dealing with medical disputes; to apply the People’s Mediation to medical disputes; to construct medical arbitration. In addition, ADR should be coordinated with law suit so as to establish the multiple dispute resolution mechanism in which there are various ways with ADR as the leading way to solve the medical disputes and law suit as the final resort.