Medical Disputes Prevention In Xining City And Solutions

Original Language Title: 西宁市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/201506/20150600399477.shtml

Medical disputes prevention in Xining city and solutions

    (November 15, 2013, Xining municipal people's Government at the 24th Executive meeting November 27, 2013, 127th of Xining Municipality announced come into force on January 1, 2014) Chapter I General provisions

    The first in order to effectively prevent and handle medical disputes, maintaining order, protecting the legitimate rights and interests of the patient, in accordance with the People's Republic of China tort law and the People's Republic of China and other laws and regulations of the people's mediation law, combined with the city's actual, these measures are formulated.

Article of medical disputes prevention and treatment within the administrative area of the city, these measures shall apply.

    Medical dispute in these measures refers to both doctors and patients party inspections of medical institutions and medical staff, medical, nursing actions and their consequences, and its causes, responsibilities of disagreement and dispute.

    Article of medical disputes prevention and treatment should adhere to prevention, mediation, general coordination, management, according to the principle of territoriality.

Fourth municipal, district (County) Government should strengthen leadership of the work of medical disputes prevention and treatment, urge the relevant departments to perform their duties, coordinate and solve major problems in medical disputes prevention and treatment work.

    Medical institutions where subdistrict office (community) and township (town) people's Government shall cooperate with the municipal, district (County) people's Governments and relevant departments to do a good job handling medical disputes.

Fifth public health Administrative Department shall perform the duty of supervision and management to coordinate relevant departments, responsible for medical disputes prevention and treatment work.

Judicial administration departments should strengthen guidance to the work of people's mediation of medical dispute and promote standardization of the work of people's mediation of medical dispute.

Public security organs shall safeguard medical institutions of law and order, strengthen supervision of medical institutions within the public security work, promptly investigate and deal with acts in violation of public order management.

    Human resources and social security, finance, civil administration in their respective areas of responsibility, such as in the medical disputes prevention and treatment work.

The sixth district (County) judicial administrative departments of the district (County) of medical dispute mediation Committee, responsible for the administration of medical disputes in the people's mediation work, and are equipped with (and) level people's mediators, whose work was funded by financial guarantees.

    Judicial administrative departments under the people's Mediation Committee on the establishment of medical dispute in the administrative area, announced to the public in a timely manner medical dispute mediation Committee's name, owner, address, and telephone number.

    Seventh medical institutions shall be encouraged to participate in medical responsibility insurance in support of insurance institutions for medical liability insurance. Eighth article establishing medical risk fund system.

Medical institutions according to relevant provisions of medical venture fund.

    Public medical institutions should strengthen the use and management of medical risk fund and earmarked, without changing the application.

    Nineth press, radio, TV, websites and other media should abide by professional ethics, in accordance with the provisions of relevant laws and regulations, objective and impartial coverage of medical disputes, and correctly guide public opinion.

    Chapter II prevention of medical disputes

    Tenth administrative departments for public health shall strengthen the medical institutions and medical staff practice access and practice of supervision and management, timely investigate and deal with violations of medical institutions to maintain the legitimate rights and interests of the parties.

    11th medical institutions shall be subject to strict medical technical specifications, in accordance with the approved and registered by the medical subjects of diagnosis and treatment, and in accordance with the provisions of the public health service information through various means to publicize health care management laws, rules and regulations.

    12th medical institutions should strengthen the construction of medical ethics and improving medical quality supervision and examination evaluation, accountability, risk assessment and the internal management system, regularly organizes professional ethics of medical services, such as education and training activities carried out by medical personnel. 13th medical institutions shall establish and improve the mechanism of communication between doctor and patient.

    Establishment of reception sites, equipped with reception staff, accept and deal with patients and their close relatives or authorized agent of the inquiries, complaints, publicity and related laws and regulations in dealing with medical disputes, the mediation process, handled complaints in a timely manner, and results should be consulting the complainant to feedback. 14th emergency medical disputes in medical organizations should be developed and reported their practice registration health administrative departments and public security authorities at their place for the record.

    Establishment of medical disputes prevention and treatment institutions equipped with (and) staff, regularly sort out disputes between doctors and patients.

15th medical personnel should comply with relevant health management laws, regulations, rules and ethics, protection of patient privacy, write medical records in accordance with regulations, and strict adherence to technical and operating rules, improve treatment quality and service levels.

Medical personnel in medical activities shall not engage in the following acts:

(A) execution of medical acts beyond the scope of practice;

(B) violate medical norms do not necessarily checked;

(C) concealment, misleading or exaggerated illnesses;

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

(V) alter, conceal, falsify, destroy, abandon medical records;

(F) receive patient, close relative or agent's property;

    (G) to receive medical equipment, medicines, reagents production, business or property of the person.

16th the patients and their close relatives or authorized agent shall enjoy the following rights:

(A) require medical personnel to explain the disease and medical interventions, health risks, and alternative health care:

(B) the need to implement operation, special examination, special treatment, the medical staff shall obtain the written consent, not to explain to the patient, should indicate to the close relatives of the patients and obtain written consent;

(C) may request access to, copying, hospital records, doctors ' orders, inspection reports, surgery and anesthesia, pathology, nursing records records, list of medical and other related information;

(Iv) defects of medicines, disinfectants, medical device, or enter the unqualified blood cause patient harm, can contribute to the medical institution, blood providers requesting compensation or producer;

    (E) other rights stipulated by laws and regulations.

17th the patients and their close relatives or authorized agent shall perform the following obligations:

(A) compliance with medical order, respect for medical personnel;

(Ii) factual presentation of medical personnel history of illness, with the medical staff to carry out the necessary diagnostic, screening, treatment and care;

(C) pay according to stipulations;

(D) may not force medical institutions and medical staff to make beyond the ability of rescue and scope of practice of medicine;

(E) medical action have any objections or disputes shall be through legitimate channels to express their views or claims;

    (F) the laws, regulations and other obligations.

    Chapter III dealing with medical disputes

18th between doctors and patients in medical disputes by the parties, you can select one of the following ways:

(A) to resolve, but except for public medical institutions to pay 50,000 Yuan or more;

(B) apply to the medical dispute mediation committee mediation;

(C) apply to the administrative departments of public health administration;

(D) initiate litigation to the people's Court;

    (E) the laws and regulations in other ways.

    19th medical institutions should be required to report to the Administrative Department of public health medical dispute, may conceal, delaying the report false.

After the 20th medical dissensions and medical institutions shall, in accordance with the actual situation, take the following measures: (A) activate contingency plans.

According to the plan of call of duty, control measures and prevent the situation from expanding, the situation reported to local health administrative departments in time, and inform the Police Department. (B) coordination and communication in a timely manner. Medical institutions of medical disputes prevention and management of institutions or officials should intervene in time, listening to patients ' complaints and enquiries, and divert the emotions and to inform patients and their close relatives or authorized agent of the relevant legal procedures and ways of dealing with medical disputes.

Patients require consultation, both doctors and patients should be no more than 5 representatives elected, and 1 representative of the main consultations to resolve the dispute. (C) Organization of expert consultation.

Medical institutions shall organize a regional consultation or discuss the medical experts, and will inform the patient of the consultation or discussion, reply to patient advice and questions. (D) the evidence sealed and unsealed.

In the presence of both doctors and patients case, according to the provisions of the regulations on the handling of medical accidents sealed and unsealed the scene real and relevant medical records; with a relevant administrative, judiciary and medical disputes mediation Organization completes the investigation and evidence gathering. (E) the body. Patient deaths in medical institutions, required to move the body peace or the funeral home.

Cannot determine the cause of death or the cause of death has objections, according to regulations on the handling of medical accidents autopsy. (Vi) in dealing with medical disputes report.

    Dispute is finished, in dealing with medical disputes report to the Administrative Department of public health, reflect and investigate and deal with cases of medical disputes.

    After 21st medical disputes reported to the administrative departments of public health, shall order the medical establishment to take immediate and effective measures to prevent the situation from expanding, and promptly sent its staff to the scene to guide and coordinate the work in dealing with medical disputes.

The 22nd under any of the following acts, the medical institution shall promptly report to a public security organ:

(A) with the intent to damage property, equipment of medical institutions, robbing or stealing medical records, archives, and other important information;

(B) interfere with, impede medical personnel practise according to law and affect the normal work of medical institutions;

(C) abuse, insult, slander, threats, assault, violation or violations of medical workers in a disguised form of personal freedom;

(D) occurring mortuary, funeral or mob occupies, Office space in medical institutions;

    (E) disrupt the normal order of medical institutions and other violations of personal safety of medical staff.

23rd public security organ after receiving the warning, should be dealt with in accordance with the following provisions:

(A) the Organization of police rushed to the scene, education counseling, screening, disturb the normal order in a timely manner, such as violating the medical disputes involved in personnel management away from field investigations and prevent the situation from expanding, maintaining order;

(B) according to law criminal acts during processing;

    (C) on deaths in medical institutions, hinder its relatives moved the body mortuary or funeral home, the public security organs shall cooperate with the Department of health, home and make proper body disposal.

    24th the Home Department after receiving the notice shall promptly arrange for vehicles and personnel arrived at the scene, in accordance with the provisions of receiving body procedures and transferred to a funeral home.

25th medical disputes, doctors and patients both parties should keep calm and exercise restraint, and listened carefully to their views, you can resolve on their own.

Need reparations or compensation of medical institutions, doctors and patients can enter into a written agreement of the parties.

    Medical dispute paid amounts of more than 50,000 yuan, public medical institutions should take the provisions of article 18th solution may not be with the patients and their close relatives or entrusts an agent to negotiate.

    26th medical disputes, doctors and patients both parties in accordance with the principle of territoriality can be to the people of medical disputes in medical disputes Mediation Committee mediation, medical disputes and medical people's Mediation Committee can also take the initiative to mediate the dispute.

    27th people's Mediation Committee mediation of medical dispute should adhere to medical disputes between doctors and patients voluntarily, the principle of equality, shall not violate the laws, regulations and national policies, respecting the rights of doctors and patients both parties shall not prevent doctors and patients because of the mediation the parties through administrative, judicial and other ways to defend their legitimate rights and interests.

28th medical dispute arbitrators should be fair, upright, with medical, legal expertise and experience in mediation, active in the people's mediation work.

In mediation of medical dispute, with both doctors and patients interested people's mediators should be avoided according to law.

    People's mediators on mediation that patients and medical staff privacy secrets confidential.

    29th medical disputes Mediation Committee shall be established by the relevant medical, pharmacy, psychology, insurance and legal experts database of people's mediators, for investigation and assessment of medical disputes and mediation provided technical advisory services.

30th article on doctor-patient requests for mediation of medical dispute from both parties, medical disputes Mediation Committee shall be reviewed within the 5th, decided to accept, respond in a timely manner the parties; inadmissible, shall notify the parties in writing and state the reasons.

    A people's Mediation Committee after accepting an application for mediation of medical dispute, it shall notify the parties in mediation to the doctor and patient rights and obligations.

The 31st under any of the following circumstances, medical disputes Mediation Committee shall not be considered; has been accepted, and terminate the mediation:

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

(B) the party administrative processing of applications, the Administrative Department of public health has been accepted;

(C) a party to court proceedings;

(D) can only be dealt with by the specialized jurisdiction of laws, regulations, or laws and regulations prohibiting the use of mediation to solve.

    Termination of conciliation, it shall notify the parties in writing and state the reasons.

    32nd medical malpractice mediation, the Mediation Committee needs, can be used by the parties to choose the doctor and patient one or more arbitrators to mediate or appoint one or more arbitrators to mediate.

33rd people's mediation of medical dispute mediation Commission shall, in accordance with the following procedure:

(A) option 1 name mediator, mediation cannot be selected when the law specifies 1 mediator, mediation, mediator the parties submit a withdrawal request and justification, should be avoided;

(B) both parties can hire a lawyer or agent to participate in mediation;

(C) in a patient after the first order statements;

(D) the people's mediators or the parties can put forward mediation proposals, but conciliation proposal shall be consistent with the relevant provisions of the State and must not harm national interests and others; needs investigation and verification, units or individuals shall cooperate;

    (E) the record shall be mediation the mediation process, the parties should sign on the record.

34th people's Conciliation Committee shall accept an application for mediation of medical dispute within 30th of mediation to an end.

Due to special circumstances require extension of mediation, mediation of medical dispute Committee and parties may agree to extend the term doctor and patient over an agreed period a mediation agreement has yet been reached, as mediation fails.

    In case of a dispute, shall inform the parties in writing and state the reasons. 35th people's Mediation Committee mediation of medical dispute after mediation agreement is reached, the parties may voluntarily apply for doctor and patient people's Court conciliation agreement.

    Court confirmed conciliation agreements effective party decline or failure to perform, the other party may apply to a people's Court for compulsory execution.

36th medical disputes, a party may, in accordance with the medical treatment regulations apply to local health administrative departments of medical institutions for administrative processing. Party may apply for administrative mediation, health administrative departments can mediate.

    Conciliation, mediation, the Parties shall perform; after a conciliation agreement, the mediation fails or party to fulfill agreements, no longer mediate the health Administrative Department.

37th medical disputes and medical liability insurance, the insurer shall, in accordance with the insurance contract participate in dealing with medical disputes and settle claims in a timely manner.

    Medical liability insurance, the insurer shall, in accordance with the insurance contract will be reached by the parties themselves, in accordance with law for indemnity or compensation agreement, reached by the people's Mediation Committee mediation of medical dispute agreements, health administrative departments administrative conciliation agreements, mediation books or judgements of the Court, as one of the basis for medical liability insurance claims, payment of compensation or compensation payments in a timely manner.

    The fourth chapter legal liability

Article 38th of medical institutions and personnel of any of the following acts, be warned by the health Administrative Department, ordered to correct the circumstances are serious, the persons in charge and other direct liable persons shall be given disciplinary action:

(A) violations of the administrative management system of health or technical and operating rules;

(B) concealing, forging or destroying without authorization medical documents and related information;

(C) failing to inform patients and their close relatives or authorized agent, medical practices and health risk of the disease;

(D) is not in accordance with the provisions agreed by the patients and their close relatives or authorized agent operation, special examination, special treatment and experimental clinical medicine;

(E) formulation of medical disputes in emergency and reported their practice registration health administrative departments and public security authorities at their place for the record;

(Vi) failure to report to the local health authority pursuant to the provisions of major medical malpractice;

(G) the public medical institutions and patients and their close relatives or entrusts an agent to negotiate to pay the amount above 50,000 yuan of medical malpractice;

    (H) the behavior of others given administrative sanctions according to law.

39th patients have one of the following acts, by public security departments to be punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) organizes, instigates, coerces another person interference, obstruction of medical dispute, quarrel;

(B) occupy the medical institution or Office, contain entrances, as well as other medical disorder, resulting in medical work is not carried out properly;

(C) theft, looting, destruction of medical records and other documentation of diagnosis and treatment in medical institutions, corrupt medical institution of public or private property;

(D) for the elderly, the disabled, unable to take care of, do not have the ability to live independently is the dependency patients abandon medical institutions;

(E) refuse to move the body morgue, funeral home or in medical institutions within the banner, set Hall, placed wreaths, put up posters, distribute leaflets, make noise, splashing dirt and other acts;

(F) abuse, insult, libel, threats of violence, and health-care workers, restriction of its freedom or impede the lawful practice Act;

    (VII) other acts of interference in dealing with medical disputes.

    40th medical dispute arbitrators in violation of the relevant provisions of article, by its competent authority shall order rectification or removal, dismissal constitutes a crime shall be investigated for criminal liability.

41st, health, justice, public security, civil affairs, administration and insurance regulatory bodies and their staff in medical disputes prevention and treatment work, violation of these rules, any of the following acts, by its competent authorities or organs directly responsible to the head of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) fails to perform his duties as provided herein;

(B) dereliction of duty, abuse of power, favoritism;

    (C) causing serious social repercussions and harm.

    42nd news organizations or journalists for truth is not known, survey results have not yet been released as serious unfounded report of medical disputes, causing serious adverse effects and consequences, in accordance with the relevant provisions of the State.

    The fifth chapter supplementary articles

    43rd force stationed in Nanjing medical institutions open to the community of medical disputes prevention and treatment work, reference implementation. The 44th article these measures shall enter into force on January 1, 2014.