医疗纠纷第三方调解机制“海南模式”的现状与变革

The Current Situation and Reform of “Hainan Mode” as the Third Party Mediation Mechanism for the Medical Disputes

医疗纠纷第三方调解制度是弥补现行医疗纠纷处理机制的缺陷、化解医疗纠纷的重要路径。医疗纠纷第三方调解机制"海南模式"自2010年9月实施以来,取得了一定的成效。其亮点主要体现在引入了保险经纪人制度、设立了医疗法庭,但这一模式在调解机制与保险制度方面尚存在诸多不足。应从以下几方面着手改革完善:改进保险经纪人制度、培育其专业素质;完善医疗纠纷第三方调解机制以增强调解的公信力;建构多元化医疗纠纷解决机制、实现法治资源的优化配置;完善程序机制以实现医疗纠纷处理效率与公平的统一;重构医疗损害鉴定制度。

The third party mediation mechanism for the medical disputes, as one of the ADRs, is the important approach to complementing the defects in the current coping mechanisms of the medical disputes and resolving these disputes. The ＂Hainan mode＂ as the third party mediation mechanism of the medical disputes has achieved the certain effects since its implementation in September 2010. While its major characteristics lie in the introduction of insurance broker system and the establishment of medical dispute court, the shortcomings both in anism of the medical disputes to strengthen its credibility, construct the pluralistic settlement mechanism for medical disputes to optimize the allocation of legal resources, and improve the procedural mechanism to realize the coordination between efficiency and fairness in handling the medical disputes, as well as reconstruct the systern of the medical damage identification.