The people mediate and worth popularizing dissolving the dispute

The people mediate and worth popularizing dissolving the dispute
Fuzhou grandson auspicious to burn according to reports of newspaper, cause the rectum by the fact that ovarian cyst implements the operation while excising to damage, 27 -year-old Miss Lin claims 500,000 yuan from hospital. Medical dispute people's mediation committee of Ningbo, medical dispute settle a claim and deal with the centre to get involved at once, through the qualification of medical science, law expert, Miss Lin got the compensation fund of 87,000 yuan finally. This is that a medical dispute people's mediation committee of Ningbo has just mediated a successful case. Prevent and handle the temporary means to " implements in medical dispute of Ningbo that last March, ", take the lead in using the people to mediate the mechanism in the whole country, implement the liability insurance of the malpractice and deal with the medical dispute. According to this method that Ningbo issues, the medical organization should insure for malpractice responsibility to the insurance company, medical dispute suffering from the square sum of claim 10,000 yuan, settle a claim to deal with the centre to deal with and settle a claim by the intersection of city and mediation committees with medical dispute that insurance company make up. The mediation committees are independent of health authority, taken charge of everyday control and recruitment by judicial department, the funds are ensured by the finance, does not collect the charges to doctors and patients both sides. Implement this method in Ningbo, it is totally era need. Because in a situation that the present tense relationship between doctors and patients can't be relieved effectively, should analyse and explain the difficult position of the medical dispute, by the spontaneous mechanisms that regulate of doctors and patients' both sides only, it is not obviously enough, need to set up a mechanism of relieving, adjusting the medical dispute of place as to independent third party urgently, safeguard the interests of both sides. The treatment to medical dispute of the current law has stipulated 3 routes, namely doctors and patients both sides consult, hygiene mediating and people's court lawsuit of administrative organ. But these 3 kinds of routes have met all sorts of difficulties in actual operation. If doctors and patients both sides consult, because lose confidence between doctors and patients, it is very difficult to form unanimous opinion, it is apt to sharpen the contradiction instead; Apply to mediate to health authorities, it is difficult to take off " set membership " again It dislikes; Going to court will consume a large number of financial resources and energies. In this case, can have one understand professional also and medical organization has few relations, and mediate the organization to mediate in neutrality which doctors and patients both sides can accept, not only the bitterness that can let the hospital avoid medicine makes a noise, also can safeguard the patient's interests in time, it is obviously a kind of win-win choice. It is a unique system in the legal construction of our country that the people mediate, it is current a component of mediating system, advantage of dealing with swiftly etc. that the third party presides over, mediates square neutrality, case. The medical dispute is a kind of civil disputation taking place between the equal civil subjects, belong to the working range that the people mediated. Under the existing legal system, this gets involved in the treatment of the medical dispute as to independent third party through the people's mediation committee, it is not undoubtedly that the lawsuit solves the best way of the medical dispute at present. The method of Ningbo is proving. According to the questionnaire investigation of 25 trouble square parties of Ministry of Health of Ningbo, reach 92%, basic satisfactory 8% rate, unsatisfied with rate 0 to the intersection of third party and medical the intersection of dispute and the intersection of result and satisfactory rate dealt with to mediate. Doctors and patients' sum is the good fortune of the society, doctors and patients become estranged and both suffer losses. The method of Ningbo is worth popularizing to the whole country very much.

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