Analyse and explain the medical dispute Initiate and use third party's aid mechanism to make the break-through in Shanxi

Analyse and explain the medical dispute Initiate and use third party's aid mechanism to make the break-through in Shanxi
In recent years, the medical dispute of all parts is of common occurrence. Once the medical dispute takes place, some patients and their relatives often take some too drastic handling, for example set up mourning hall, hitting the doctor, destroying the medical apparatus,etc. in the hospital, this kind " Medicine makes a noise " The behavior, not merely make the normal working order of the hospital upset, the life security of the medical worker is threatened, also go far gradually in the normal route of safeguarding of consumption right.
The phenomenon how to evade this to plant, let " Medicine makes a noise " Do not make a noise? Topic canvassed as the domain of safeguarding of consumption right.
" Make a scene, compensate more, small to make, pay for little, does not compensate without making a noise, I think in this way. " Some hospital take place medical high Mr.'s mood of dispute say excitedly with provincial capital.
" Such ideas and behavior is not strange. " Lawyer Li Fei tells reporters: Mediate the route in three kinds of medical disputes of current legal provision of our country, namely hospital and patient relative consult, ask the Ministry of Health to carry on medical treatment and determine and carry on the legal lawsuit by oneself. But in using actually, these three kinds of routes have defect at various degrees, the defect of the first kind of route lies in, hospital and patient have serious information asymmetry in the medical dispute; Because the second kind of route is medical an appraisal organization is made up of medical worker more, one cannot say for sure, his neutrality; The third kind of route needs to draw the court cost, lead to the fact safeguarding the rights is with high costs.
Already so, what for it?
Will it be November 27 2009, establish the safe hospital, promote medical dispute people to mediate the working conference and is held in Beijing while being national, the way to seek to be analysed and explained for the medical dispute " The mode of Shanxi " Become the focus that people discuss warmly. Recently, reporters carried on on this and interviewed thoroughly.
The mode of Shanxi: Establishment of third party's aid mechanism
On October 12, 2006, Shanxi is set up the first provincial medical dispute people in the whole country mediate the organization ---Medical dispute people's mediation committee of Shanxi. This kind of people's method to mediate the system and participate in mediating the medical dispute appears just, cause the strong response, known as for the moment " The mode of Shanxi " ,Two years later, are popularized in the whole country extensively.
" Connect the hospital or suffer from and then after reporting a case, place the case applied to mediate on file, then assess medical dispute mediating, medical technology according to the rules, after doctors and patients both sides are through coordinating the opinion of reaching an agreement, signed and mediated the agreement, compensated by insurance company given cover for finally, this is the whole procedure that we mediated. " In the morning of December 8 of 2009, the reporter will come to medical dispute people's mediation committee in the province, director Han XueJun introduces, the mediation organization composed of medical science, law, psychology, management and insurance's expert, have " The third party " Fairness,this is last disputes medicals other it is most light a bit what has been mediated.
In brief, " The mode of Shanxi " Glamour,namely third party aid mechanism.
Medical the intersection of dispute and troublesome high what of Mr. say with take place in hospital for wife, this mechanism " I am more trustworthy " . He says, this organization is sanctioned by the judicial drawing room, is supported by health authorities, guided and supervised by the people's court, authoritative; The independence except medical organization and health authority, and does not collect any expenses from the persons who apply to mediate, have rationality; There are independent medical expert's group and law expert group, can offer the aid of medical science, legal knowledge, in order to set up a reciprocal platform between doctors and patients, have fairness.
It is reported, over the past 3 years, the medical dispute people's mediation committee of Shanxi has received and applied to mediate and consult 4328 persons altogether, 4914 times of telephone receiving the application and mediating and consulting the relevant matters of the medical dispute, accept 1042 various cases, has already mediated 995. Compared with 2007, before last the end of October, accepted 277 medical dispute cases together, increased by 41.3%, deal with great medical the intersection of dispute and 60 of case together, increase 275%, mediate success rate from 45% 95.5% to rise to 2009 for 2007. At present, the medical dispute case range that this organization accepted has already covered 11 cities in the whole province, fermenting and setting up to medical dispute people and mediating the work station in every market, county of the whole province.
Medical liability insurance: Let, compensate difficult to become for difficult problem again
After the medical dispute is solved, there is a difficult problem to be solved, how is that to make and is compensated and fulfill in time?
From January 4 of 2009, start formally in Shanxi " The medical liability insurance " ,In order to solve this difficult problem conscientiously.
Han XueJun introduces to the reporter, medical liability insurance, expand the guarantee range of the medical liability insurance to the medical dispute and engage the medical unexpected injury of the medical worker outside, fully dissolve the operation risk of the medical organization, decreased definitely and suffered from according to the relevant provision of " medical crash handling regulations " and then carry on rational compensation, and through the cooperation with insurance agent's company, the difficult problem of solving and settling a claim, for this reason, have already made the system of evaluation committee of medical liability insurance accident of Shanxi in detail and cured the responsibility to appraise the compensation method by inches.
After the medical dispute takes place, by the expert of medical expert, law expert, insurance company and insurance agent company of the medical dispute people's mediation committee, make up the medical liability insurance accident evaluation committee together and discuss the committee jointly, implement " Seven five system of ticket " (Three medical experts and a ticket, a ticket of law expert, every of company of mediators of people, insurance company, insurance agent, medical expert rejects a ticket) Decide responsibility and make the compensation decision collectively.
This advantage, lie in compensating the situation determined by insurance company surely for a long time after changing, have given consideration to telling interests of sueing for peace of every participant to the maximum extent.
" It is a good thing to effect an insurance, 400 yuan every year for doctor, 200 yuan every year for nurse, actually few, but spend money, can get up to the actual effect, is the insurance premium ensured? " The comrades in charge of many hospitals demonstrate such worry. They think, this is a fresh things after all, need meeting and cognitive course.
Whether no matter pretext or refusal, it is to be worthy to be gratified, at present, the intersection of mountain and the intersection of medical university and one institute, mountain cure the intersection of sophomore period and institute, the intersection of province and tumour hospital, many hospitals, institute of traditional Chinese medicine of province and ophthalmology hospital,etc. of province already finish effecting an insurance to work. Meanwhile, Shanxi every medical organization of city effect an insurance, work, start rapidly too, already 13 hospitals have signed the contract of insurance of medical responsibility in Linfen.
Launch the medical liability insurance, it is 179 cases in the insurance coverage of medical responsibility that the medical dispute people's mediation committee in the province has already dealt with, hold, can mediate 385, hold medical the intersection of liability insurance and the intersection of accident and the intersection of evaluation meeting and 101 times, produce 172 outside the medical dispute courtyard, succeed in, mediate 7 in hospital, medical dispute mediate the intersection of day and 6.5 days after not shortening to and effecting an insurance 22 days effect an insurance, too on average.
" The mode of Shanxi " ,Have gone out of a way of innovation of dissolving the medical dispute, at present, 56 districts and cities of 16 provinces, autonomous regions and municipalities directly under the Central Government have set up to medical dispute people and mediated the organization in the whole country, and introduced the medical liability insurance.
Editorial afterword
It is the dispute handling with Chinese characteristics, combination of people's mediation committee and medical liability insurance that the people mediate, it is a route to solve the medical dispute problem, on condition that produce the contradiction between doctors and patients, the judicial department should strengthen management and support of the medical dispute people's mediation committee.
The one that can't be ignored is, while the new mechanism run, some new problems are appearing too, the medical dispute people's mediation committees of some cities face the awkward situation that lack funds, the insurance company has situation because of afraid there are too much medical disputes, compensation number is more greatlying unwilling to give cover for, because some hospitals are unwilling to insure because the premium is too high, the mediation obviously insufficient personnel with qualification, all these are inevitable when may run as mechanisms " The bottleneck " . What an effective complete mechanism, it is a question needing us to think too. (reporter Fan MinFei)
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