医疗纠纷第三方调解的实效性探究

Exploration of the Effectiveness of the Third Party Mediation in Medical disputes

通过对传统医疗纠纷处理方式和医疗纠纷第三方调解的概念进行对比分析,论述了医疗纠纷第三方调解方式以其中立性、公正性、便捷性等优势获得医患双方的认可,且在各地实践中收获良好运行效果。但其中存在的问题是:介入缺乏主动性;赔偿数额认定缺乏科学性;调解协议缺乏强制执行力;隐私权保护不足;机构自身发展受限。因此,必须完善第三方调解工作机制、鉴定流程、运行机制及其相关保险制度。

Through the comparative analysis of traditional medical dispute handling methods and the concept of the third party mediation in medical dispute, this paper discussed that the third party mediation method in medical dispute obtain the recognition of both doctor and patient with its advantages such as neutrality, impartiality, convenience, and it had good running effect in the practice from place to place. But there still remain Some Problems, in eluding the interven- tion lacks initiative; the amount of indemnity lacks scientificity; the conciliation agreementlacks coercive enforcement; the privacy lacks protection; the institution development is limited. So we must improve the third party mediation work mechanism, identification process, operation mechanism and the relevant insurance system.