" the third party " Can it deal with justly to mediate doctors and patients' dispute of getting involved?

" the third party " Can it deal with justly to mediate doctors and patients' dispute of getting involved?
Medicine makes a noise, it is just like a kind of social disease, one kind that it is the social organism question breaks into, a kind of prewarning, if not in time " Cure " ,I'm afraid that will let the condition be aggravated constantly.
Since last year, a kind of mode of utilizing third party's strength to mediate to doctors and patients' dispute, sell well in all parts quietly. The mode that the third party mediates could become swift to solve medical dispute " The gold key " ? Could the third party handle the dispute justly? Doctors and patients both sides are expectant.


Buffer and take the contribution to be out of the ordinary
City Lin County, roof beam Lu of Shanxi stone Yong Zhang, old age of township just ( Assumed name) Do not dream of, the dispute that delay the doctors and patients that have not solved for more than one year, after medicine of Shanxi transferred the committee to seek help, the hospital solved the problem for him rapidly, have carried on corresponding compensation.
" China Consumer News " reports: After Zhang Yong was just injured, the flank has been paining all the time, to A hospital (because the case has been already mediated, in conformity with the request of related departments, conceal the hospital name) Check, it is out of question that the hospital has shot the film and spoken after checking to him. Zhang Yong just still felt pain, had checked and learnt rib fracture to B hospital. Yong Zhang hold in the intersection of B and film that hospital make taking statementing to the intersection of A and hospital just, A hospital refused to acknowledge the mistake. After rushing about for more than one year, Zhang Yong just found medicine of Shanxi and transferred the committee, transferred the committee and investigated medicine, A hospital really has a fault. Medicine of Shanxi transfers the committee according to the expert's assessment, advises to health authorities, health authorities require A hospital to compensate for Zhang YongGang rapidly after investigating the truth. Zhang Yong just said excitedly: "It is a qualified people's mediation committee that medicine transfers the committee, speak for our ordinary people. "
It is a medical dispute people's mediation committee of Shanxi that medicine of Shanxi transfers committee's full name, established on October 12, 2006, as the specialized people's mediation committee of first medical treatment of the whole country, operate steadily in more than 3 years near. In 2008, medicine will transfer the committee and mediate 453 medical disputes together, mediating rate is 83.3%; Deal with 118 great medical dispute cases; Deal with and appeal for help 47 incidents collectively, is well received by doctors and patients of both sides. Too in cause the strong response while being national, known as " mode of Shanxi " the method . A great deal of provinces and cities get up but imitate, Jiangsu, Tianjin, Zhejiang, Shanghai, Shenzhen, Guangdong,etc., join and explore that the people's mediation committee launches the team that mediates mode of third party of the medical dispute one after another.
According to relevant officers of Ministry of Public Health, in various new developing ways, medical dispute people mediate the system, become most typical and most effectual a settlement way.
Such as the intersection of " the Henan Business " and report, Anyang municipal medicine transfer committee, establish 4 more than month, succeed in mediating 14 disputes, have not rebounded.
On December 28, 2008, after after carrying on the second operation, Li Long is less than the two -year-old daughter to pass away in Anyang. He thinks this is a malpractice, asks for 400,000 yuan from hospital to compensate, but the hospital does not approve. Bring more than 30 relatives from the native place under the the intersection of dragon and rage Li, at stop up the hospital gate. More than ten days later, the hospital seen and can not solve privately, please just establish the medical dispute mediation committees of Anyang for two months to mediates.
"We lead 3 the intersection of expert and member get to scene, show behind the identity to relative, have made trust. " Anyang municipal medicine transfer Fei Wang, person in charge of committee, say " relative stop up gate no longer, sit, get off, discuss sincerely. " The next morning, after access all case histories to look over, 3 medical experts drew the conclusion, " the hospital is errorless in operation, the patient is complication through dying after all rescue measures proved ineffectual " . Wang Fei claims, according to this conclusion, they pacify relatives, and advise the hospital to " compensate for some in consideration of humanitarianism " . Finally, the hospital takes out 60,000 yuan, both sides make peace.
"Through mediation of us, the intersection of doctors and patients and both sides find platform that communicate, can take, untie in time dispute. " Wang Fei says, in the mediation, a time consuming one week at most is at least half a day, compared with the situation that other procedures leave, have saved time greatly.
The third party mediates the mechanism, just as set up all in that place to buffer bringing for doctors and patients both sides, thus solve the dispute and create more favorable turns.
On February 1 this year, establish medicine to transfer the committee and drop by a wide margin in medical dispute in Tianjin, example count and amount of compensation drop by more than 60% compared with the same period of last year.
Tianjin Municipal Health Bureau cures China's brave division chief of policy and introduces, since the establishment of the mediation committees, the most obvious one is " At a disturbance of the hospital " , " noisy health bureau " Person less. To ordinary people, the settlement of the medical dispute is more rational, more just. And to hospital, do not reduce the safety factor either, help to create the harmonious environment of seeking medical advice.
" bicycle type " Structure of running
The medical dispute Han XueJun, director of people's mediation committee in Shanxi says, two basic points that neutrality and authoritativeness are dealt with by the medical dispute. Neutrality is a foundation of dealing with the case, the particularity of the medical dispute determined that must there should be authoritativenesses at the same time.
Neutrality and authoritativeness, just like two wheels of the bicycle, two wheels are round and energetic, the bicycle could advance steadily.
On institutional framework, according to transferring the committee in medicine that all parts establish, almost emphasize oneself and health bureau do not have membership without exception, they or under the jurisdiction of the judicial department, or is under the jurisdiction of the people's mediation committee, as the third party outside the doctors and patients, have no stake with both sides, are neither partial to either party, can buffer mutual antagonistic sentiments, dispel the worry of both sides, gain trust, benefit the dissolving of the dispute.
Most medicine transfers the committee to strictly observe and does not collect the regulation of any expenses. So not merely well received by doctors and patients of both sides, because there are no interests at the same time to drive the fairness, justice that guaranteed to mediate the result, also guaranteed to cure and transfer the status of independent third party of the committee.
On person, medicine of most places transfers the committee there are one's own expert's storehouses, if there are medical disputes, collect at random. Professional personnel with abundant practical experience, can analyze legal liability, doctors and patients' dispute processing procedure and possibility of the result that may be involved while adjusting the place dispute. Set out from safeguarding party's legitimate rights and interests at the same time, put forward the fair and sensible suggestion, thus gain the party's trust and settle good foundation for solving the dispute.
As explore medicine transfer the intersection of committee and the intersection of mountain and Western medicine of mechanism transfer committee, at authoritativeness of organization first, still undertaking the medical dispute letters and visits from the masses reception and work of treatment of the department of public health of Shanxi. To the problem that the medical organization really exists, can follow the relevant regulations of the health care administrative laws and regulations, put forward to department of public health of the province and handle the opinions and suggestions. The long-term administrative supervision and work of treatment of medical dispute make them establish the prestige in the medical organization.
In " two wheels " Run under the errorless situation, grasp the equalization point, deal with the distinctive quality of the mechanism as the third party. And this kind of equalization point, perhaps can receive some inspiration from the experience of the district of Qin the Huaihe River of Nanjing.
Reporter Jiang Germany of " Jurisprudence Daily " interviews, in medicine of Qin the Huaihe River district transfers the working way of the committee, declare through " admonish dredging, impel each side of the dispute to understand and accommodate with one another, hold consultations on an equal footing clearly, reach an agreement voluntarily, dispel the dispute " . The explanation of section chief Su Lin at the basic level of bureau of justice of district, as a part-time mediator, is, should distinguish responsibility in lawsuit, and it relaxes the contradiction to mediate, so long as can find the equalization point that both sides can accept, who is needed to judge to whose fault.
Shortly after medicine of Qin the Huaihe River district transfers the committee and is listed, accept a dispute delayed for many years. The party leaves sequela after an operation of stream of people, already unwilling to go to court, do not accept either the Ministry of Health mediates, opens one's mouth and wants 300,000 yuan, it is noisy to reach the requirement, have become famous appealing for help in the family. In the face of both sides' enormous disparity, mediator's inspiration patient accepts that mediates, lead the hospital to make a concession, depend on talking like a Dutch uncle like this, but not the right and wrong of passing judgement, impel both sides to reach and compensate the agreement.
Certainly, it is not confused that needn't distinguish. Any truck should observe the traffic rules to set out on a journey, any system must follow the restraint of the law. Acting in accordance with the law further guarantees success that doctors and patients dispute people mediate. The side of patient in the dispute often proposes the excessive requirement, must explain and publicise through the law at this moment, let both sides of the dispute have a correct understanding on one's own requirement first, just help to help to conciliate finally.
Growing trouble
Medical dispute people mediate the system for though one side generation, with characteristics such as its independence, authority,etc., have shown the extraordinary or quite outstanding advantage, but is in exploring it is not plain sailing that medicine of one transfers committee's system.
Because the medical dispute people's mediation committee does not collect any expenses, with the increase of portfolio, the burden that medicine transfers the committee is heavier and heavier, the funds have become extremely urgent problems. Though the Ministry of Finance, Ministry of Justice sent out " suggetion on further strengthening the people and mediating job funds and ensuring " in 2007, require the regional government to ensure the funds that the people mediated the work, but the policy can be implemented, it depends on the local government's capability and attention degree.
Medicine of Tianjin, Jiangxi, Ningbo, Nanjing and other places transfers the committee, its funds are implemented by the local financial department. And transfer the committee as medicine of Shanxi of first in the whole country, its problem of funds has not been solved yet. Funds that specific medicine transfers the committee even come from the hospital. Henan the intersection of Anyang and medicine transfer Fei Wang, person in charge of committee, explain, establish organization newly at this point, allocate funds specially, work funds, from 5000 to 10,000 yuan annual fee to every the intersection of hospital and sink just. "The establishment of our staff member is still in the unit one formerly belonged to, the salary is sent by the unit one formerly belonged to, the money charged is only movable funds, will not influence the fairness mediated. " Be that as it may, Wang Fei acknowledges too this is a question.
In addition, medicine transfers the professional lines and neutrality of the committee, conflict each other. Medicine transfers the committee and is not under the jurisdiction of the Ministry of Health, but because of the particularity of the medical trade, have determined that carrying out the subject that determines will belong to medical expert undoubtedly. In this way, except trying hard to accomplish science in designing program justly, more academic intuitive knowledge that can only depend on the experts and asking the responsibility system.
The third party of the medical dispute mediates and also needs to cooperate with medical liability insurance, undertaken to compensate in medical dispute by the medical responsibility insurance company, reduce the cost of hospital, could make the third party mediate and give full play to the efficiency. However, the implementation that medical responsibility is dangerous, difficult to launch because of insurance company and all sorts of worry of the school.
From inside committee sound, let people rather helplessness too. An expert, member of committee, says to the reporter, in fact the function of the committee is not big, because " it is the organization of a non-governmental corporation's property after all, mediate the result and has not forced strength, if which side is not approved, it is no use to mediate, and even already signed the agreement, doctors and patients both sides can break one's promise " .
Though the medical dispute third party taking transferring the committee in medicine as foundation mediated the mode met a lot of difficulties in the course of developing, but its relatively independent, authoritative, low-cost, high-efficiency advantage, or is placed the great expectations by every personage. (our publication synthesizes)
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