中国医疗纠纷ADR解决机制的再完善

Medical Disputes in China and the Further Improvement of ADR Settlement Mechanism

传统意义上,诉讼是解决医疗纠纷最重要的方式,但由于医疗纠纷专业性与多发性的特殊性,加之法院审判的方式在解决此类纠纷上存在诸多不足,医疗纠纷ADR解决机制便应运而生。我国并不缺乏ADR解决医疗纠纷的尝试,但由于起步较晚,运用ADR处理医疗纠纷尚存在诸多不足,且这些不足与缺陷已成为禁锢ADR更好解决医疗纠纷的枷锁。因此,从医疗纠纷ADR机制的不完善入手,探讨该机制更加趋向合理与完善的途径,对于缓解我国当前紧张的医患关系而言亦有着重要意义。

Traditionally litigation is the most important way to solve medical disputes. However, due to the professional and multiple nature of medical disputes, combined with the deficiencies of trial ways of court in dealing with such disputes, the ADR settlement mechanism for medical disputes rises in response to the proper time and conditions.There have been ADR attempts in China, but due to a late start, there are still many problems in the use of ADR to handle medical disputes, which have become shackles to confine ADR to better address medical disputes. Therefore, it is important to start from the imperfectness of ADR mechanism to explore more reasonable and perfect ways of ADR mechanism, which is also of great importance to ease the currently tense doctor-patient relationship in China.