의료분쟁과 협상

Abstract

Today, although the efforts to settle social disputes through uplifting negotiation and arbitration are getting accomplished, consdering the health care area, the mechanism of negotiation and arbitration is still weak. Therefore, the objective of this study was to search for the plan that can reduce the economical loss through the development of mechanism to settle and arbtrate the medical disputes and dissolve social conflicts. As one of such plans, the systematic organization 11 examine closely the causes of medical dipute within the medical institution at their early stage and the possession of liability as well as the reasonable degree of compensation liability for damages. Also, in terms of the system, it is urgently needed to enact the Medical Dispute Arbitration Law that can induce the WIN-WIN negotiation by upliftin the negotiating power between the concerning parties. This Medical Dispute Arbitration Law should include the estalishment of expert appraisal boby, which is composed of a group of medical experts. Of course, in order to have peaceful settlement o medical disputes, this expert appraisal body is required to acquire fairness at the neutral position and the funding mechanism of financial resources for compensation due to medical malpractice should be provided. Recongnizing Medical malpractice not only as the personal matter but also as the collaborative matter that the whole society is responsible for, it is necessary to disperse the risk by introducing the collaborative settlement plan through the form or mutual ad association