Legal Suggestions for Establishing Third-party Mediation Mechanism for Medical Disputes in Mainland China
The third-party mediation mechanism for medical disputes is a resolution for resolving the conflicts between doctors and patients by neutral third-party’s intervening in the dispute between doctors and patients, by applying nongovernmental mediation mechanism, and by leading litigants to reach an agreement. The suggestions are as follows: to establish Medical Dispute Prevention and Disposal Law which unifies the setting system for the third-party medical dispute mediation mechanism in Mainland China; to establish third-party mediation prelitigation system; to establish the system of medical liability insurance; to perfect the judicial review system of mediation agreement; to establish the linkage system; to establish the joint system for both the third party mediation and civil action. At legal level, to establish diversified medical dispute resolution is to guarantee the third-party mediation to run and develop smoothly, to promote the harmonious and stable development of society. These suggestions are important in theoretical value and practical in significance.