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Application of the Law on Medical Cases and Disputes Settlement Mechanism

Author: SuZhongWen
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Legal
Keywords: doctor-patient relationship medical negligence disputes non-medical negligence disputes medical malpractice medical errors in tort contract consumer relations settlement mechanism medical liability insurance arbitration judicial philosophy
CLC: R-051
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract

With the social progress and development, people’s awareness of health and law growing day by day, medical malpractice doubled every year, physician-patient relationship being strained more and more. in some areas, medical dispute resolution, has become the focus of attentionable problem. China’s current medical dispute resolution mechanisms have many problems, needs further reform and improvement. The authors proceed from the status of physician-patient relationship, the definition of medical malpractice, classification, properties and characteristics to be studied by analyzing the basis for a claim of medical behavior and practice of the law applicable to "dual" of the phenomenon, to verify the medical practices applicable to "consumer Protection Law, "the actual needs and significance. How to resolve medical treatment disputes more correct and faster, how to establish and maintain a good doctor-patient relationship in order to protect the right of patients and medical institutions,how to maintain the medical order and promote scientific development, it is the common aspiration of both doctors and patients .By analying the difference between Consumer behavior and health behavior, and practice the application of "Consumer Law" in the trial, the author want to prove that empirical application of the "Consumer Law" is more beneficial to patients as a vulnerable group protection. And this will be a starting point to explore the wide range of medical dispute resolution mechanisms. Besides,propose alternative resolution mechanisms ADR (Alternative Dispute Resolution) to resolve medical disputes introduced, according to the different characteristics of medical malpractice.it also needs the medical system reform, establishment of medical liability insurance system, arbitration, administrative adjudication and a correct concept of justice to resolve medical disputes .Comrade Hu Jintao, say on the report that "Health is a comprehensive basis for the development, bearing on happiness," we can see the importance of medical services. Doctor-patient relationship is an very important part of a harmonious society, and properly resolve patient disputes, protect the legitimate interests of both doctors and patients is the proper meaning of justice. When the law applicable to a "dual" paradox in the case, to promote medical malpractice law applicable to consumer, to explore the diverse medical dispute resolution mechanism, has great significance. Properly handle such disputes, needs to establish a proper concept, considering the objective situation of both doctors and patients, while taking into account the patients belonging to vulnerable groups, they are lack of medical knowledge and the capacity of getting evidence. consumer law is better for protecting their legitimate rights and interests.but we must also consider the farther development of hospital and medical career, balancing the interests of both doctors and patients, thus effectively improving the doctor-patient relationship and promote social harmony. Hope that through our continued efforts can accelerate the application of "Consumer Law" to medical malpractice, establish and improve medica l dispute resolution mechanism. the harmonious relationship between doctor and patient can become a reality, and promote the healthy development and social progress.

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