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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399499.shtml

Medical disputes prevention in Hubei Province and treatment methods

    (November 18, 2013, Hubei provincial people's Government Executive meeting considered by Hubei Province people's Government order No. 366, released December 13, 2013 February 1, 2014) Chapter I General provisions

    The first in order to effectively prevent and handle medical disputes, protecting the legitimate rights and interests of the doctors and patients, innovative social services and management, promote social harmony and stability, in accordance with the law, regulations on the handling of medical accidents Ordinance, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province of medical disputes prevention and handling procedures apply.

Article of medical disputes prevention and treatment should follow the prevention, according to the principle of facilitating people, fair and efficient.

    Dealing with medical dispute conciliation should be made priorities, and make the facts clear, accurate, accountable, properly.

Fourth people's Governments above the county level shall strengthen the medical disputes prevention and dealing with the leadership, establishing coordination mechanism of medical disputes prevention and treatment work, urging relevant departments to perform their duties, coordinate and solve major problems in medical disputes prevention and treatment work.

    Medical institutions, patient residence, where Township people's Governments, neighborhood offices shall cooperate with the relevant departments of medical disputes prevention and treatment work.

Fifth people's Governments above the county level health and family planning departments should guide, supervision of medical disputes prevention and treatment work in medical institutions, strengthen the health-care law, regulations, publicity and popularization of health education, guide the rational treatment of medical personnel and the public and reduce medical risks.

Judicial administration departments should establish the people's Governments above the county level people's mediation mechanism of medical disputes, development of people's Mediation Committee mediation of medical dispute procedures, protocols, rules and systems, strengthening the guidance of medical dispute mediation Committee.

Financial Department of the people's Governments above the county level shall be responsible in accordance with the classification, the principle of integrated management, requirements for the work of people's mediation for medical disputes give the necessary support and protection.

The insurance supervision Department shall strengthen the supervision and administration of medical liability insurance, cooperate with related Department to solve problems in medical liability insurance, and gradually establish and improve the medical liability insurance mechanism.

    People's Governments above the county-level public security organs should strengthen security management of medical sites, investigate and punish acts interfering with the medical order, maintain normal order.

    Article news media coverage of medical disputes prevention and treatment situations, should adhere to the correct direction of public opinion and abide by professional ethics and be objective and fair.

    Article seventh medical institution and its medical staff shall strive to improve the quality of medical services and service levels, strengthen management, ensure medical safety.

Article eighth doctor and patient's legitimate rights and interests protected by law.

    Doctors and patients should be mutual respect, safeguarding their rights and interests and properly solve medical disputes shall not be disturbed, disrupting normal order.

    Chapter II prevention

Nineth health family planning departments above the county level people's Governments should regulate medical practice access behavior, strengthen supervision and management of the medical practice, supervision, guidance medical institutions improve the quality and level of service, building harmonious relationship between doctor and patient. Health family planning departments above the county level people's Governments shall establish a reporting system for medical disputes.

    Medical disputes in medical institutions shall provide periodic reports shall not be delaying the report, conceal, misrepresent.

Tenth medical institutions shall set up and perfect the public, medical quality control, assessment, medical liability, risk assessment system, development of medical disputes in emergency and reported to the local health and family planning department and the public security organ for the record.

    Medical institutions shall set up a working body responsible for medical disputes prevention and treatment, with part-time staff, and set up a complaints service reception room, the window, published complaints, publicity-related laws and regulations and medical disputes, the conciliation proceedings, receiving inquiries, complaints, good source of medical disputes prevention and treatment work. 11th public security organs should work with area medical institutions to set up the medical dispute prevention and treatment information sharing and access, alarm and rapid response and docking mechanism and suppression of violations in a timely manner.

    Three-level medical institutions should assist the police in public security organs in the hospital room, and office space and related facilities for the police.

12th medical staff shall fulfil the following obligations to prevent medical disputes: (a) the health and compliance with laws, regulations, rules, and technical practices;

(B) caring for, loving and respecting patients, protect patient privacy; (c) for disease treatment, drug-taking, improve service levels, and ensure the quality of health care;

(D) inform patients, medical practices, medical risks and so on, and to answer their inquiries in a timely manner; (E) need to implement operation, special examination, special treatment and experimental clinical medicine, shall obtain the written consent of the patient cannot or should not be explained to patients, should indicate to the close relatives of patients, and has obtained the written consent.

    Due to rescue dying patients to emergency situations such as cannot be reached or close relatives of patients with written submissions, in accordance with the relevant regulations.

13th medical personnel in medical activities shall not be any of the following acts: (I) execution of medical acts beyond the scope of practice;

(B) violate medical norms do not necessarily checked; (c) concealment, misleading, exaggerated or false propaganda, exaggerated the effect of the patient's condition;

(Iv) use and inappropriate diagnosis and treatment of the disease, and drugs;

    (V) alter, conceal, falsify, destroy data, (vi) accept patients and their next of kin's property; (VII) to receive medical equipment, medicine, pharmacy, production, management of enterprise personnel giving kickbacks, commissions and accept that related services such as tourism.

14th patients and their close relatives shall comply with the following provisions: (a) comply with the medical institution rules and regulations, maintain order;

    (B) address condition to the medical staff, with the diagnosis, treatment and care by medical personnel and (c) promptly pay; (d) disagrees with the medical action or dispute, express opinions or claims in accordance with law.

15th the patients and their close relatives, as well as other units and individuals shall not be any of the following acts:

(A) burning the money in medical institutions, display Hall, placed wreaths, violations mortuary, juzhongzishi, (ii) to cause trouble in the medical institutions;

(C) illegally carry inflammable and explosive dangerous goods and control apparatus entered the medical institutions;

(D) insults, threats, intimidation, intentional injury medical personnel or unlawful restriction of liberty medical personnel;

(E) medical institutions deliberately damages or theft, plunder of public or private property;

    (Vi) other acts that disturb the normal order of medical institutions.

    Chapter III the disposal

After 16th medical disputes, dispose of medical institutions shall, in accordance with the following procedure: (A) timely hospital specialists and specialists in hospitals inform patients and their close relatives.

Need to activate emergency response plans, measures should be taken in accordance with plans, and promptly report to the local family planning departments of health;

(B) inform patients and their close relatives of the medical disputes and procedures, related advice and questions answered, and guiding patients and their next of kin by law to resolve disputes;

(C) in the presence of both doctors and patients case, sealed or unsealed in accordance with related field related to physical and medical records;

(D) the patients or their next of kin request consultation, both doctors and patients should consult appropriate representation, representation of the Parties shall not exceed 5 (v) within 3 working days after completion of disposal of medical dispute, disposal of medical dispute report to the local health and family planning sectors, reflect and investigate and deal with cases of medical disputes.

    Medical agencies shall cooperate with the health and family planning, public security departments and medical disputes Mediation Committee completes the investigation and evidence collection and dispute resolution work. Article 17th of death, doctor-patient disagrees with the parties cannot determine the cause of death or the cause of death, the medical institution shall, within 48 hours after death tissues of patients with autopsy; the body freezing conditions, can be extended to 7th.

Autopsies by close relatives of the deceased should be agreed and signed.

Refuse or delay the autopsy, exceeds the allotted time, effect of determining the cause of death, by refusing or delaying party responsibility.

    Parties may make doctors and patients attended the autopsy forensic pathology, may also appoint representatives to observe the autopsy process. Article 18th patient deaths in medical institutions, the body should be immediately moved the morgue.

    Body store more than State regulations, approved by the local health and family planning departments of medical institutions, after the record by the public security organs at the same level, are handled by the medical institution in accordance with the provisions.

19th health family planning departments above the county level people's Government after receiving the report of medical disputes, disposal shall, in accordance with the following requirements: (a) instructed medical institutions to take measures to prevent the situation from expanding, major medical malpractice should be sent to the scene;

(B) policy advocacy and educational guidance, leading both doctors and patients choose the appropriate way to resolve disputes;

    (C) the organizations invite patient organization and grass-roots organizations involved in medical dispute survey coordination.

20th public security organ after receiving a security alert on medical disputes, disposal shall, in accordance with the following requirements: (a) Organization of police rushed to the scene immediately;

(B) educational counseling, stop excesses, maintain normal order;

    (C) disposed of in the various types of crimes that occur within the medical institutions.

    The fourth chapter mediation

    21st medical treatment after a dispute has arisen, the parties may choose to resolve, you can also choose to medical institutions where the written application of the people's Mediation Committee mediation of medical dispute; not willing to negotiation, mediation or negotiation, mediation, may apply to the health and family planning sectors medical malpractice administrative processing, or initiate litigation to the people's Court.

    22nd Governments above county level health and family planning sectors on the mediation of medical dispute in accordance with the provisions of relevant laws, rules and regulations of the State.

Article 23rd City (State, forests) and counties (cities, districts), established by law of medical disputes in medical disputes is the people's Mediation Committee mediation mass organization, responsible for the administration of medical dispute mediation.

Shall, in accordance with the law of the people's Mediation Committee mediation of medical dispute, equality, free will, scientifically rigorous, independent and impartial principles in its work.
Medical disputes in medical dispute mediation committee mediation shall not charge any fee.

    24th judicial administration departments above the county level people's Government shall on medical dispute arbitrators on a regular basis for business training, and actively guide the mediation of difficult cases of medical disputes.

25th medical disputes in the work of people's mediation committees in medical disputes mainly perform the following duties:

(A) Organization of medical dispute survey to collect relevant information and understand the wishes of both doctors and patients;

(B) publicizing relevant laws, rules, regulations and medical knowledge, leading both doctors and patients based on factual and legal, fair and proper settlement of disputes and preventing conflicts;

(C) written mediation agreement according to requirement specification;

(D) the analysis of causes of medical disputes and to make recommendations for prevention of medical disputes in medical institutions;

(E) regularly report to the competent authorities the medical dispute mediation work;

    (Vi) providing health care to patients and their close relatives dispute advisory services.

    26th medical disputes Mediation Committee shall be established by the relevant medical and pharmaceutical experts, legal and insurance experts, investigation, assessment and mediation for medical disputes providing technical advice.

27th medical malpractice medical malpractice against the party of the people's Mediation Committee mediation applications should be reviewed in a timely manner, and reply within 3 working days whether to accept.

A people's Mediation Committee after accepting an application for mediation of medical dispute, it shall inform the parties in mediation activities to the right and should fulfil its obligations.

    Identification is required, it shall notify the parties in accordance with the relevant provisions apply for doctor and patient identification. Article 28th of the following circumstances, people's mediation committees not to accept medical disputes.

Has been accepted, and terminate the mediation:

(A) where a party to the court proceedings;

(B) the party refuses a people's Mediation Committee mediation of medical dispute;

(C) after the end of the people's Mediation Committee mediation of medical dispute, no new facts and evidence of the parties in respect of the same matter for mediation again (iv) disputes caused by the illegal practice.

    Termination of conciliation, it shall notify the parties in writing and state the reasons. 29th medical dispute people's mediation committees to mediate disputes, in accordance with the following requirements: (a) identify 1 or several arbitrators as moderator. A number of mediators to determine 1 mediate host.

Doctor and patient mediator the parties submit a withdrawal request and reasoned, the mediator should withdraw;

(B) the parties may hire an attorney or authorized agent to participate in mediation, the appointed person shall submit to the people's mediation committees of medical dispute authorized power of Attorney;

(C) the place of mediation shall be specifically set in mediation;

(D) the mediator for conciliation, mediation record;

    (V) involving medical liability insurance claim, it shall notify the insurer involved in mediating activities. 30th medical disputes Mediation Committee shall within 30 working days from the date of acceptance of the mediation case (without identification), due to exceptional circumstances require extension of mediation, medical malpractice Mediation Commission and the parties may agree to an extension.

    Due the mediation agreement is reached, as mediation fails. 31st medical disputes through conciliation agreement, it shall make the mediation agreement.

Conciliation agreement shall be signed by the parties, a seal or thumbprint, signed and stamped with the medical disputes by mediation Mediation Commission after the entry into force of the people. Both parties consider it necessary, to mediation in the 30th after the effective date of the agreement to the Court for judicial confirmation.

    People's Court conciliation agreement, party all refuse to perform or not to perform, the other party may apply to a people's Court for compulsory execution.

    The fifth chapter of medical liability insurance

    32nd people's Governments above the county level health and family planning departments should be actively promoted in public medical institutions in accordance with the regulations to have health insurance, encourage non-public medical institutions voluntarily participating in medical liability insurance; medical institutions are encouraged to participate in medical professional liability, public liability and other types of medical liability insurance.

    Article 33rd medical liability insurance the insurer shall follow the principle of guaranteed profit, determined reasonable insurance rates, and according to medical institutions in medical dispute about the compensation system of floating rates.

    Article 34th medical liability insurance the insurer shall be determined through tenders open.

35th medical institutions participating in the medical liability insurance, spending on the medical liability insurance premiums, in accordance with the relevant provisions from the operational costs would be covered by medical institutions, included in health care costs.

    Medical institution shall not participate in the medical liability insurance and improve medical fees or de facto increase the burden on patients.

    Article 36th medical disputes and medical institutions shall, in accordance with the People's Republic of China insurance regulations and terms of the contract of insurance, medical liability insurance the insurer reported in a timely manner, and truthfully provide the insurer with the situation of medical disputes.

37th medical liability insurance, the insurer shall, in accordance with the insurance contract providing insurance services, claims in a timely manner and pay reparations.

    Medical dispute mediation committee mediation agreements in force, as evidence of the responsibility determination of medical liability insurance claims.

    38th article insurance supervision sector should strengthening on bearing insurance institutions medical responsibility insurance business claims work of supervision management, specification insurance business business, guide bearing insurance institutions advance service innovation, strengthening integrity construction, do insurance claims and people mediation of work convergence, guide bearing insurance institutions strengthening medical responsibility insurance business management and risk control, urged bearing insurance institutions according to about industry self-discipline standard provides quality, and efficient of claims service, ensure insurance claims work ordered for.

    The sixth chapter legal liability

    39th article violates these rules, laws, regulations, administrative provisions, those provisions.

40th medical institution has any of the following circumstances, be warned by the people's Governments above the county level health and family planning sectors, and shall be ordered to correct serious cases, the persons who are directly in charge and other direct liable persons shall be dealt with:

(A) has not established a hospital transparency, healthcare quality monitoring, assessment, medical liability, risk assessment system;

(B) the formulation of medical disputes in emergency preparedness and are not reported to the local health and family planning department and the public security organ for the record;

    (C) after the medical disputes, not according to the procedures for the disposal of medical dispute as provided herein.

    41st medical personnel violating these rules, article 13th circumstances, health family planning departments under the people's Governments above the county level warning shall be ordered to correct constitutes a crime, criminal responsibility shall be investigated according to law.

    42nd patients and their close relatives, as well as other units and individuals in violation of these regulations under article 15th activities contravening public security management, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    43rd medical dispute mediation Committee of the people's mediation in the mediation of medical dispute in the case, of the dire consequences of a violation of the conciliation procedure, be dismissed by the employment unit, and accountability in accordance with the relevant provisions.

    44th people's Governments above the county level health and family planning, the administration of Justice, public security and other departments and insurance regulatory bodies and their staff in medical disputes prevention and treatment work, violation of these rules, dereliction of duty, abuse of power, favoritism, and monitored by the competent authorities or bodies directly responsible to the head of personnel and other persons directly responsible shall be given administrative sanctions.

    The seventh chapter by-laws 45th article of the rules take effect on February 1, 2014.