我国医疗纠纷第三方调解的实践考察与完善对策——基于海南省医疗纠纷人民调解与医疗责任保险结合为例模式

医疗纠纷诉讼外调解得到了各国的普遍认可与倡导,我国正在探索医疗纠纷第三方调解,其中人民调解与医疗责任保险结合模式是主流。该模式在海南省的实践较好地维护了医疗秩序,基本实现了纠纷调解与经济赔偿、风险预防、法律援助的对接。我国医疗纠纷第三方调解可以主要从减少行政干预调解过程以保障独立开展,加大各级政府财政投入以保障工作经费,加强人才队伍综合建设以保障专业水准,探索建立调解监督机制以保障公平公正及立法推行医疗责任保险、以市场化分解医疗责任风险等方面入手完善,同时第三方还可尝试修复医患关系。

An Empirical Investigation and the Improvement Proposals for the Third Party Mediation in the Medical Disputes in China:An Analysis Based on the Joint Mode of People's Mediation and Medical Liability Insurance about the Medical Disputes in Hainan Province

Alternative Dispute Resolution of the medical disputes is widely recognized and advocated by the different countries. China is now exploring the third party mediation of the medical disputes, and the mode that combines people＇ s mediation and medical liability insurance is regarded as the mainstream resolution. Its practice in Hainan province has effectively maintained the medical order, basically realizing the connection of dispute mediation with economic compensation, risk prevention and legal aid. The third party mediation of medical disputes in China is supposed to improve from several aspects as follows： reduce the mediating procedures of administrative intervention so as to ensure the independent implementation, increase the financial investment of the different levels of governments so as to ensure enough economic support, strength the comprehensive eonstrnction of talents to ensure the professional standards, explore the establishment of mediation supervising system to guaran- tee the fairness and rightness, as well as legislate to carry out the medical liability insurance to resolve the risks of medical liability on the market. And meantime the third party can still try to restore the relationship between doctors and patients.