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Toward Healing and Restoration against Medical Disturbance (Yinao) in China: Reconsiderations and Prospects of Responsibility Search and Malpractice Resolution

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Imbalanced doctor-patient conflicts and divergences such as healthcare disturbance (yinao) significantly undermine the already-weakened mutual trust and lead to further deterioration of workplace safety and environment for medical professionals in China. China has to implement all sorts of efforts to cut off the hostile settings where medical disturbances are rooted and developed. Such measures should at least include sufficient remedies provided by medical insurance, refined administrative mediation mechanism, better workplace protective systems in medical institutions, and more importantly, a full-pledged framework with enforceable rules to circumvent medical disturbances and resolving medical accidents. It is necessary to stipulate administrative, civil and criminal measures to punish medical disturbers while guaranteeing medical professionals such as doctors, nurses and supporting staffs due secured medical practice. In particular, a third-party dispute resolution mechanism, an improved appraisal platform and protection of confidential information of patients and doctors should be implemented in due course. In addition to a more refined legal framework, the social, cultural and professional settings of medical practice should also be further improved by removing “revenge” attacks on Chinese hospital professionals.

(胡天龙) S.J.D., University of Michigan Law School, Ann Arbor, Michigan, USA; Research Fellow, International Monetary Institute, Renmin University of China, Beijing, China; Associate Professor, School of Finance, Renmin University of China, Beijing 100872, China. Contact:

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