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Law

Assign mediation+judicial confirmation to resolve medical disputes safely

2023-01-13   

"I sincerely thank the court and the medical dispute mediation center for their efforts to properly resolve this case". In the Multiple Mediation Room of the People's Court of Guixi City, Jiangxi Province, the plaintiff Gong Mou, who had just received the civil ruling, was full of relief. A few days ago, the filing court of the People's Court of Guixi City, Jiangxi Province, combined with the establishment of the "practical affairs for the masses" demonstration court, successfully mediated a medical damage liability dispute case by adopting the "appointed mediation+judicial confirmation" mode of handling the case, and effectively resolved the contradiction in the front line. The plaintiff, Mr. Gong, went to a medical institution for diagnosis and treatment due to physical discomfort. The head of the medical institution, Mr. Yu, performed minimally invasive surgery on Mr. Gong, causing his wound infection during the operation. For this reason, Gong has been admitted to hospital for treatment several times. Because of the failure to reach an agreement on compensation, both parties applied to the Guixi Medical Dispute Mediation Center for mediation. The Medical Dispute Mediation Center organized the two sides to negotiate several times after accepting the case, but the two sides were too divided to reach a mediation agreement. Gong then filed a lawsuit against the medical institution, demanding compensation of 250000 yuan for various losses. In order to resolve the disputes between the two parties, the case handling team of the filing court of the Guixi Court started the mediation work immediately after accepting the lawsuit. On the basis of detailed verification of the case, the presiding judge carefully listened to the medical professional opinions of the Medical Dispute Mediation Center. In order to effectively improve the efficiency of dispute resolution, the case-handling team fully clarified the legal provisions and legal relationship to both parties while accounting for the compensation amount according to law, and tried to alleviate the opposing feelings of both parties. After both parties reached a preliminary consensus on the compensation issue, the court again assigned the case to the medical dispute mediation center for mediation. Under the mediation of the medical dispute mediation center again, the two parties finally reached a mediation agreement: the medical institution will pay a one-time compensation of 110000 yuan to Gong, and the dispute between the two parties will be settled at one time. After the signing of the agreement, the Guixi Court carefully reviewed the judicial confirmation application submitted by both parties, and issued a civil ruling according to law to confirm the effectiveness of the mediation agreement of both parties. It is reported that in order to further improve the effectiveness of the diversified dispute resolution system, the Guixi Court attaches great importance to the communication and cooperation with industry mediation organizations. Through the seamless operation mode of "delegated mediation+judicial confirmation", we will maximize the professional level and dispute resolution advantages of the industry mediation organizations, realize benign complementation with the judicial work, constantly improve the recognition, satisfaction and sense of gain of the parties and the masses for the litigation services, and provide high-quality judicial services for the high-quality development of the economy and society. (Xinhua News Agency)

Edit:Hou Wenzhe Responsible editor:WeiZe

Source:chinacourt.org

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