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Medical Disputes Prevention In Hubei Province And Treatment Methods

Original Language Title: 湖北省医疗纠纷预防与处理办法

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Prevention and treatment of medical disputes in northern lakes

(Adopted by Decree No. 366 of 13 December 2013, by the Government of the Northern Province of the Greater Lakes Republic of 18 November 2013)

Chapter I General

Article I, in order to effectively prevent and properly deal with medical disputes, protect the legitimate rights and interests of health-care providers, innovative social services and management, promote social harmony, and develop this approach in line with laws, regulations, such as the Medical Accident Control Regulations.

Article 2 Prevention and treatment of medical disputes in the administration of the province.

Article 3 Prevention and treatment of medical disputes should be guided by the principles of prevention of ownership, justice, and efficient people.

The handling of medical disputes should be a priority for mediation, which is clear, precise, responsible and appropriate.

Article IV. Governments of more people at the district level should strengthen their leadership in the prevention and treatment of medical disputes, establish a coordination mechanism for the prevention and treatment of medical disputes, and urge the relevant authorities to carry out their duties in accordance with the law and to coordinate key issues in the prevention and treatment of medical disputes.

Medical institutions are located, the communes of the patient's residence, and the street offices should cooperate with the prevention and treatment of medical disputes in the relevant sectors.

Article 5

The administration of justice at the district level should establish a mechanism for the mediation of the people of medical disputes, establish a conciliation procedure, agreements, rules, etc. of the People's Conciliation Commission for Medical Disputes, and strengthen the guidance on the work of the Commission.

The financial sector of the people at the district level should provide the necessary support and guarantees for the mediation of the people of medical disputes, in accordance with the principle of divisional responsibility and integrated management.

The insurance oversight sector should strengthen the monitoring management of medical liability insurance by law, in line with the timely study of issues in the medical liability insurance, and develop and improve the mechanism for the effectiveness of the medical liability insurance.

The public security authorities of the people at the district level should strengthen the management of medical facilities, destabilize the medical order by law and maintain the normal medical order.

In reporting on the prevention and treatment of medical disputes, the media should uphold the right opinion orientation, adhere to professional ethics and achieve objectivity and impartiality.

Article 7. Medical institutions and their medical personnel should strive to improve the quality and service levels of medical services, enhance their management and ensure medical safety.

The legitimate rights and interests of the health-care providers are protected by law.

Both health-related parties should respect each other, uphold their rights and properly resolve medical disputes by law and refrain from disrupting, disrupting the normal medical order.

Chapter II

Article 9

The health-care sector of the people at the district level should establish a medical dispute reporting system. Medical institutions should report regularly on medical disputes, and should not be suspended, concealed and false.

Article 10 Medical institutions should establish systems for the public, medical quality monitoring, evaluation, medical accountability, risk assessment, etc., for the development of medical dispute response cases, and for presentation of the host health-care sector and public security authorities.

Medical institutions should establish working bodies responsible for the prevention and treatment of medical disputes, with dedicated and part-time staff, and establish complaints services, working windows, publication of complaints telephones, public laws and medical disputes, conciliation procedures, counselling, complaints, protection and handling of medical disputes.

Article 11. The public security authorities should establish a medical dispute prevention and treatment of information-sharing and access, a rapid response by the police to the mechanisms for the handling of the offence in a timely manner. More than three levels of medical institutions should assist the public security authorities in the establishment of police cells at hospitals and provide office and related facilities for the police office.

Article 12 Medical personnel should fulfil the following obligations to prevent the occurrence of medical disputes: (i) compliance with health laws, regulations, regulations and technical operating norms;

(ii) Concerns, care, respect for patients and protect the privacy of patients; (iii) affordability, reasonable use of medicines, improvement of service levels and quality of medical care;

(iv) If the patient's morbidity, medical measures, medical risks, etc. are effectively communicated, and to respond promptly to his counselling;

(v) There is a need to implement surgery, special inspections, special treatment, experimental clinical medical treatment, with the written consent of the patient; it is impossible or inappropriate to make a patient's statement and should be given to the close relatives of the patient and obtain their written consent. In emergencies such as patients who are at risk of life, they cannot obtain written advice from patients or close relatives, according to the relevant provisions.

Article 13. Medical personnel shall not have the following acts in medical activities:

(ii) The imposition of unnecessary inspections in violation of therapeutic norms; (iii) concealment, misleading, exacerbating or false propaganda, exclusive treatment;

(iv) The use of opioid techniques and medicines that are inappropriate for disease;

(v) Harmonization, concealment, falsification and damage to medical material; (vi) receipt of patients and their close relatives' property; (vii) collection of relevant services such as medical equipment, drugs, pharmaceuticals, pharmaceuticals, pharmaceuticals, pharmaceuticals, etc., re-entry and access to tourism.

Article 14. The patient and his close relatives should comply with the following provisions: (i) compliance with the relevant regulations of the medical institutions and the self-respect of the medical order;

(ii) If ill-treatment is actually presented to medical personnel, the diagnosis, treatment and care of medical personnel is carried out; (iii) the payment of medical expenses in a timely manner, as prescribed; and (iv) the expression of opinions or claims by law against medical acts or disputes.

Article 15. The patient and his close relatives and other units and individuals shall not have the following acts:

(i) The burning of paper money by medical institutions, the building of ventilation, the trajectory, the breach of morgues and the respirants; and (ii) the intrusion within medical institutions;

(iii) The entry of illegal flammable, hazardous and controlled devices into medical institutions;

(iv) Intrusion, threat, intimidation, intentional harm or unlawful restrictions on the freedom of medical personnel;

(v) Be deliberately destroying or stealing public and private property within medical institutions;

(vi) Other acts that disrupt the normal order of medical institutions.

Chapter III

When a medical dispute arises, the medical body shall be disposed of according to the following procedures:

(i) Organizing hospital expert meetings in a timely manner and informing patients and their close relatives of hospital experts. The pre-response cases of emergency response should be launched, and measures should be taken in accordance with the provisions of the pre-profile and report promptly to the health-care sector at the location;

(ii) To inform patients and their close relatives about the treatment of medical disputes, to respond to relevant counselling and questions and to direct patients and their close relatives to resolve disputes by law;

(iii) In the case of co-acquisitions, in-kind and related illnesses are stored or seized in accordance with the relevant provisions;

(iv) The patient or his close relatives have requested consultation, with the participation of representatives of the parties not exceeding five; (v) within three working days after the disposition of medical disputes, reports on the disposal of medical disputes are submitted to the health-care sector at the location, such as the occurrence and investigation of medical disputes.

Medical institutions should cooperate with the Ministry of Health, the Ministry of Public Safety and the People's Conciliation Commission for Medical Disputes to investigate evidence and resolve disputes.

Article 17 Deaths of patients and the failure of the parties to medical care to determine the causes of death or to challenge the causes of death, medical institutions shall organize a mortuary within 48 hours after the patient's death; and the existence of a residual condition of the body may extend to 7 days. The morgue shall be agreed and signed by the close relatives of the deceased.

The denial or delay of the examination of the morgue, which exceeds the time specified, affects the causes of death and is held by the party that rejects or delays.

The parties to the medical service may request forensic medical personnel to participate in the mortuary examination or to be represented in the examination process.

Article 18 Deaths of patients within medical institutions should be immediately removed. The body was stored over the State's relevant provisions and, with the approval of the health-care institution's office, was processed by the medical agencies in accordance with the provision of the same-ranking public safety authority.

After reports of medical disputes received from the health sector of the people at the district level, the following should be disposed of in accordance with the following requirements: (i) the task of medical institutions to take timely measures to prevent the expansion of events and the transfer of persons to the field in the event of major medical disputes;

(ii) Conduct policy advocacy and educational evacuations, leading the choice of the parties to resolve disputes appropriately;

(iii) To invite patients' offices and grass-roots organizations to participate in the investigation coordination of medical disputes.

Article 20 should be disposed of in accordance with the following requirements: (i) the immediate organization of a police force to the field after the public security authority has received a police officer on medical disputes;

(ii) Undertake educational evacuations to end the outbreak of laser behaviour and to maintain a normal medical order;

(iii) To deal with all types of criminal offences committed within medical institutions in accordance with the law.

Chapter IV

When a medical dispute arises, the parties may choose to resolve their own consultations, or may choose to apply for mediation in writing to the Medical Dispute People's Conciliation Commission at the medical facility's location; they are not willing to consult, mediation or consultation, mediation or conciliation, and may apply to the health-care sector for administrative handling of the medical accident dispute or to prosecute the People's Court.

Article 2

The People's Conciliation Commission for Medical Disputes established by the law in the municipalities (States, forest areas), districts (markets, zones) is a public organization for mediation of medical disputes and is responsible for mediation in the current administrative regional medical disputes.

The People's Conciliation Commission for Medical Disputes should work in accordance with the principles of judicial mediation, equality of voluntary, scientific integrity and independence.

Medical disputes shall not be charged with any expenses.

Article 24

Article 25

(i) Organizing a medical dispute survey to collect relevant information and understand the will of both medical victims;

(ii) Promote relevant laws, regulations, regulations and medical knowledge, leading to fair, proper settlement of disputes and preventing inconsistencies based on facts and laws;

(iii) Written conciliation agreements, as required;

(iv) Analyse the causes of medical disputes and make recommendations to medical institutions for preventing medical disputes;

(v) To report regularly to the relevant authorities on the mediation of medical disputes;

(vi) Provision of medical conciliation counselling services for patients and their close relatives.

Article 26 People's Conciliation Commission for Medical Disputes should establish a pool of experts, including medical, pharmaceutical, legal and insurance, to provide technical advice for investigations, assessments and mediation of medical disputes.

Article 27 of the Commission on the Mediator of the People of Medical Disputes shall be promptly reviewed and whether responses are admissible within three working days.

After receiving a request for mediation by the People's Conciliation Commission for Medical Disputes, the parties should be informed of the rights and the obligations to be fulfilled in mediation activities.

The relevant identification needs to be carried out and the medical parties should be informed of the application of the relevant identification in accordance with the relevant provisions.

Article 28 is one of the following cases, and the Committee for the Conciliation of the People of Medical Disputes is inadmissible. Accepted and terminated mediation:

(i) The parties have brought proceedings before the People's Court;

(ii) The party's refusal to mediate the People's Conciliation Commission for Medical Disputes;

(iii) After the conclusion of the mediation by the People's Conciliation Commission for Medical Disputes, there is no new fact and evidence party requesting mediation on the same matter; and (iv) disputes arising from illegal medical treatment.

To put an end to mediation, the parties should be notified in writing and justified.

Article 29, Conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes, is governed by the following requirements: (i) the determination of one or more people mediators as mediators. A number of mediators have been identified as a mediator. The mediator should be avoided by the medical parties to make a request for evasion and the reason for the mediator;

(ii) The parties may hire a lawyer or commission the agent to participate in mediation, and the author shall submit a letter of authorization to the People's Conciliation Commission for Medical Disputes;

(iii) Mediation should be conducted in specialized mediation sites;

(iv) Mediators should be given mediation orders;

(v) With regard to medical liability insurance claims, the insured agency should be informed of its involvement in mediation activities.

Article 33 The People's Conciliation Commission for Medical Disputes shall be closed within 30 working days of the date of receipt (without reference to the time of identification); the Committee on the Mediator of Medical Disputes and the parties may agree on extensions for special circumstances. The failure to reach a mediation agreement has been deemed to be mediation.

Article 31, which is agreed upon by mediation, should produce conciliation agreements. The letter of mediation agreement was entered into force by the signature of the parties, the Gay chapter or by hand, with the signature of the mediator and the inclusion of the HCC.

The parties consider it necessary to apply to the People's Court within 30 days of the entry into force of the mediation agreement. The People's Court confirmed that mediation agreements are effective and that the parties refuse to perform or do not fully, and that the other party may apply to the People's Court for enforcement.

Chapter V Medical liability insurance

The health-care sector of the people at the district level should actively promote the participation of public health institutions in the medical liability insurance as prescribed, encourage the voluntary participation of non-public health institutions in the medical responsibility insurance, and encourage medical institutions to participate in various medical liability insurance such as professional responsibility of medical personnel, public responsibility.

Article 33 The insured agency of the medical liability insurance should follow the principle of saving the micro-lihood, impose a reasonable cushion rate and implement a buoyage system based on compensation for medical disputes in the medical institutions.

Article XXXSS institutions should be determined by public means such as tendering.

Article 3XV participates in medical institutions that are covered by the medical liability insurance, and its medical liability insurance premiums are charged against the operating expenses of medical institutions, in accordance with the relevant provisions.

Medical institutions may not increase the burden of the patient due to participating in the medical liability insurance.

When a medical dispute arises, the medical institution shall, in accordance with the relevant provisions of the People's Republic of China Insurance Act and the agreement of the insurance contract, submit a medical liability insurance institution in a timely manner and, if so, provide medical disputes to the insurance institution.

In accordance with the agreement of the insurance contract, the insured agency for the medical liability insurance shall provide the relevant insurance services, make timely payments and pay compensation in full.

The conciliation agreement entered into force by the People's Conciliation Commission for Medical Disputes should be based on the liability for medical liability insurance.

Article 338 Oversight services should strengthen the oversight management of the work of the insured agency's medical liability insurance operation, regulate the operation of insurance operations, guide the institution's efforts to promote service innovation, strengthen good faith-building, harmonize insurance claims with the work of the people's mediation, lead the institution to strengthen the management and risk control of the medical liability insurance operation, and provide quality, efficient award services in accordance with the relevant industry self-regulation standards, and ensure that insurance awards are carried out in order.

Chapter VI Legal responsibility

Article 39, in violation of the provisions of this approach, provides that the law, legislation and regulations are subject to administrative penalties and are provided for by them.

Article 40 is one of the following cases in the health-care institutions, which are warned, responsibly corrected by the health-care sector of the people at the district level, and, in serious circumstances, are treated in accordance with the law by the competent and other persons directly responsible for direct responsibility:

(i) The system of public, medical quality monitoring, evaluation, accountability for medical treatment, risk assessment, etc. does not exist;

(ii) The absence of a medical dispute response and the release of the health-care sector and public security authorities in the no-stated location;

(iii) After a medical dispute, medical disputes have not been disposed of in accordance with the procedures established under this scheme.

Article 40 provides that medical personnel violate this approach with one of the provisions of article 13, warnings and corrective actions by the health-care sector of the people at the district level and above, and that criminal responsibility is prosecuted by law.

Article 42, the patient and his close relatives, as well as other units and individuals, violate article 15 of this approach by punishing the public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China, which constitutes a crime and is criminally liable by law.

Article 43 thirteenth, People's Mediator of the Medical Disputes Commission, operating in private fraud in the area of medical dispute mediation, causing serious consequences in violation of the conciliation process, was recruited by an employment unit and held accountable in accordance with the relevant provisions.

In violation of the provisions of this approach, the authorities or the supervisory authority and their staff are given administrative disposal by virtue of the law to the competent and other direct responsible personnel who are directly responsible for the prevention and treatment of medical disputes.

Chapter VII

Article 42