Medical Dispute

Medical Dispute



     Medical dispute has been a huge issue in China. It has been called “yinao“, since “yi” means “medical” in Chinese, and “nao” means “make a noisy”. “These disputes can take various forms, including the display of corpses at a hospital, the blockade of a hospital entrance, the destruction of property, attacks against health professionals, and in some cases, the employment of gangs by patients’ families in order to pressure medical institutions for more compensation in instances of malpractice. China’s CCTV reported that in 2010 alone there were 17,243 cases of yinao, an increase of almost 7,000 incidents from five years earlier.”  The patients’ lives are protected by the doctors, so who should we do to protect doctors?

Medical dispute is caused because distrust between the doctors and the patients. Doctors think they are professional to their fields, but when there are medical accidents, the patients think it is not an accident, but a negligence. It seems like a dilemma that we can’t blame each side of the people, but violent dispute need to be controlled and eliminated.

Model of the Game

Let’s model this situation as a game. There are two players in the game, the relatives of the patients and the hospitals. If there are medical accidents, there are three strategies for the relatives of the patients. Obviously, they can do noting and accept it. But if they don’t accept it, they will have the other two strategies: medical litigation and yinao. And there are two strategies for the hospitals : succeed or lose.

  • r1 is the fee to sue.
  • p1 is the money that the hospitals will give to the relatives of the patients if hospitals lose the medical litigation.
  • r2 is the fee to yinao.
  • p2 is the money that the hospitals will give to the relatives of the patients if hospitals give up.

Here is the payoff of this game. However, there are other more important factors that influence this situation. Yinao is less in United States, because of the execution of jury. The chance to win the medical litigation for the relatives is how much effort the hospitals put in, we can call it c1. But we need a third-side office that can test how much effort the hospitals put in. And the chance to succeed yinao for the relatives is the execution of jury. If the jury affirm it’s a yinao, the relatives will get punished very hard, then the relatives won’t do it.

Therefore, we can calculate the payoff of the relatives. If the relatives choose to medical litigation, then their payoff is (1-c1)p1-r1. If the relatives choose to yinao, then their payoff is (1-c2)p2-c2r2. When the jury is very credible, the payoff of yinao is really low, so the reason why there are a lot of yinao in China is pathetic…

Several ways to control this situation are increasing the execution of jury or setting up a third-side office that can test whether the hospitals have tried their best and giving people a proper way to sue.

*  Use this web to roll the dice

1.   You want to be a doctor or a relative of the patient?

A.  Doctor(Go to No.2)  B. A relative of the patient(Go to No.3)

2. You are a doctor. You have tried your best to save your patient’s live, but you failed.

Roll the dice.

If the number of the dice is greater than 3, then the relatives of your patient will sue you(Go to No.5);

If the number of the dice is smaller than 4 but greater than one , then the relatives of your patient will choose Yinao(Go to No.6);

If the number of the dice is one, then the relatives of your patient will do noting. (Go to A);

3. You are the relative of John who was dead in a medical accident, you think it’s the doctor’s fault.

A. Let it go and Do nothing.(Go to B)     B. Sue the doctor. (Go to No.4)    C. Yinao! (Go to No.7)

4. You choose to sue the doctor…

Roll the dice

If the # of dice is greater than 3,

you will find there isn’t a comprehensive system for you to appeal (Go to No.8);

If the # of dice is smaller than 4,

you will sue the doctor, but the jury tells you that the doctor has already tried his best(Go to C);

5. You are on the jury…

Roll the dice

If the # of dice is greater than 3,

The jury certify you as innocent, fortunately, the jury is credible. (Go to D);

If the # of dice is smaller than 4,

Although the jury certify you as innocent, the relatives still choose to yinao (Go to 6);

6. You are so afraid, since there are a bunch of mobs in front of the hospital…

A. Admit that you should take responsibility for the patient’s death; (Go to E);

B. Wait for the police to save you… (Go to No.9);

7. Let them know “democracy” works , for justice!  You are the leader of yinao…

Roll the dice

If the # of dice is greater than 3,

you will succeed and earn the compensation. (Go to F);

If the # of dice is smaller than 4;

you will be caught by police and put in the jail for 5 years. (Go to G);

8. You find there is no way for you to sue…

A. Keep calm and let it go. (Go to B);

B. Yinao (Go to 7);

9. The police is here…

A. The police gets here on time and save you. (Go to H);

B. It’s too late, the mobs have already broken in to the hospital and beaten you up.(Go to I);

A: The relatives of your patients don’t do anything to you and you feel so lucky. What’s more, you realize your duty and the importance of the trust between doctors and patients. Thus, you decide to try your best to save every life to protect the trust.

B: Although you feel disappointed about the system, you decide to let it go. You don’t want to know who should be responsible for this accident anymore. Your life is back to normal…

C: The jury is credible, you believe in their judge. Finally, you get to calm down and go back to your normal life.

D: You are fine now. It’s good for you to have a credible jury.

E:  You admit it’s your fault that the patient died, and you get fired by the hospital. You are regretful for admitting you are guilty although you are innocent. 

F: You have earned to compensation, but is that what you want? What’s about the justice?

G: Even though you are in the jail for five years, you still don’t know why police put you in the jail. You think you stand with the justice. Maybe improper justice would put you in jail. 

H: Aha, the mobs are put in the jail, thanks to the executive.

I: You are beaten very bad, you don’t know who you should blame of, the mobs, the executive? 

Thank you for reading!

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