On the Construction of Administrative Mediation for Medical Disputes

Abstract

The doctor-patient relationship is a type of civil legal relationship. Under normal circumstances, it is a contractual relationship based on the complete free will of both parties. In this relationship, patients voluntarily seek medical assistance from doctors, who in turn willingly accept them as patients. As one of the most important interpersonal relationships, the doctor-patient relationship is characterized by mutual interdependence and inseparability. Doctors exist and grow because of patients, and medical science advances in response to diseases—without patients, doctors would lose the foundation of their professional survival. On the other hand, patients suffering from illnesses rely on doctors’ treatment to overcome diseases and regain health; without doctors’ professional help, the protection of patients’ health and lives would lack an effective safeguard. It can be said that patients are the “bread and butter” of doctors, while doctors are the messengers who help patients recover their health. Ideally, doctors and patients should maintain a relationship of mutual trust and harmonious coexistence. However, the conflicts in the doctor-patient relationship that have emerged in recent years have led to an increasing number of medical dispute cases, revealing that the tension between doctors and patients still persists.

In recent years, hospitals across the country have adopted various measures to improve their technical standards and medical quality, and strengthen the management of medical safety. Nevertheless, medical disputes and controversies still occur from time to time. These incidents seriously disrupt the normal order of medical work and activities, damage the legitimate rights and interests of medical institutions, medical staff and patients, and also undermine social harmony and stability. To further enhance the effectiveness of preventing and resolving medical disputes, hospitals have been continuously exploring experience in dispute handling and promoting a diversified dispute resolution mechanism. Administrative mediation of medical disputes is an important channel for settling such conflicts, and it is bound to play an even greater role in resolving medical disputes.