医疗纠纷第三方调解机制的模式分析与完善思考

Analysis and Reflection on Perfecting the Mode of Third Party Mediation Mechanism for Medical Disputes

在医患自行和解、行政调解、法院调解和裁决等四种传统纠纷解决方式因其自身的局限而不能有效解决医疗纠纷的情形下,医疗纠纷第三方调解机制应运而生。各地在实践中纷纷探索和形成了各自的操作模式,这些模式在各地医疗纠纷的解决中发挥了重要作用,各有其可取之处,但也不可避免地存在一些制度设计上的不足。鉴此,笔者提出了进一步完善医疗纠纷第三方调解机制的几点建议。

The third party mediation mechanism for medical disputes emerges as the four traditional kinds of medical disputes solutions, including self - reconciliation of doctors and patients, administrative mediation, the mediation and adjudication of people＇s court, can not solve the medical disputes effectively due to their inherent limitations. Specific operation modes are explored in various regions, which have some advantages and play an ef- fective role in resolving medical disputes. But inevitably there are also some insufficient institutional designs. Thus, the author puts forward some suggestions to further perfect the third party mediation mechanism for medical disputes.