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How to solve doctor-patient disputes

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How to solve doctor-patient disputes


        

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  • 2024-06-06 04:00:49

    There are mainly the following ways to resolve doctor-patient disputes:

    1、 The patient shall negotiate with the hospital.

    The so-called voluntary consultation, also known as reconciliation, means that both doctors and patients negotiate on their own to dispose of their substantive rights. The biggest advantage of this solution lies in its convenience and rapidity, without going through lengthy litigation and enforcement procedures.

    Reconciliation can be divided into pre litigation reconciliation and intra litigation reconciliation.

    1. Pre litigation settlement, as the name implies, means that both parties reached a settlement agreement without litigation, and the contradiction was relieved.

    2. Reconciliation in litigation means that the parties have brought a lawsuit to the court, and both parties have reached a settlement in the process of litigation. At this time, the injured party can apply to the court to prepare a mediation statement, or apply for withdrawal of the lawsuit. After the court has approved the withdrawal of the lawsuit, the litigation process is ended.

    2、 The health administrative department shall mediate for settlement.

    Mediation is divided into people's mediation, administrative mediation and court mediation.

    ① People's mediation means that under the auspices of the Medical Mediation Commission, both parties voluntarily reach a mediation agreement to eliminate disputes. After a mediation agreement is reached, it must generally be confirmed through judicial procedures.

    ② Administrative mediation means that under the auspices of the health administrative department, both doctors and patients reach an agreement and sign a mediation agreement. However, due to the management and managed relationship between the health administrative department and the medical institution, the patients generally believe that they cannot achieve fairness and justice. Therefore, there are fewer cases mediated by this way at present.

    ③ Court mediation means that the patient brings a lawsuit to the court. In the process of the lawsuit, the court organizes both parties to mediate, prepare a mediation statement, or the patient applies for withdrawal of the lawsuit, and the litigation process ends. The cases settled by the court through mediation may not be uploaded to the China Judgment Document Network.

    3、 Civil litigation.

    The most fair and just way to solve medical disputes is litigation. However, due to the particularity and professionalism of medical disputes, judicial expertise must be carried out in litigation to assess the proportion of hospital faults, so the identification link is crucial!

    [Legal Basis]

    In Article 188 of the Civil Code, the limitation period of action for requesting the people's court to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail.

    The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

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