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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

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Prevention and treatment of medical disputes in New York

(Summit 24th ordinary meeting of the People's Government of Sihan, 15 November 2013, considered the adoption of Decree No. 127 of 27 November 2013, No. 127 of the Order of the People's Government of the West Innin, which came into force on 1 January 2014.

Chapter I General

Article 1, in order to effectively prevent and deal with medical disputes, preserve medical order and protect the legitimate rights and interests of the health-related parties, develop this approach in line with the laws and regulations of the People's Republic of China Act on Injuries and the People's Mediator Act.

Article 2 Prevention and treatment of medical disputes within the city's administration is applicable.

The treatment referred to in this approach refers to disputes arising from differences between the medical authorities and their medical personnel regarding inspection, medical treatment, care and results and their causes, responsibilities.

Article 3 Prevention and treatment of medical disputes should uphold the principles of prevention, pre-emption, integrated coordination, territorial management and legal treatment.

Article IV. Governments of the urban, district and subdistricts should strengthen their leadership in the prevention and treatment of medical disputes, and urge the authorities concerned to discharge their duties under the law and to coordinate key issues in the prevention and treatment of medical disputes.

The Government of the People's Government, located in the streets of the medical institutions (community), should be in line with the handling of medical disputes in the city, in the district (zone) and in the relevant sectors.

Article 5 The health administration should perform its oversight functions in accordance with the law, harmonize the relevant sectors and be responsible for the prevention and treatment of medical disputes.

The administration of justice should strengthen its guidance on the mediation of the people of medical disputes and promote the normativeization of the work of the people of medical disputes.

The public security authorities should maintain the order of the medical institutions in accordance with the law, strengthen the supervision of the internal defence of the medical institutions and promptly investigate violations of the law.

The executive branch, such as human resources and social security, finance and civil affairs, is competent to prevent and deal with medical disputes within their respective responsibilities.

Article 6. The Judicial Administration has established the People's Conciliation Commission for Medical Disputes in Regions (Parliament), which is responsible for the mediation of people in medical disputes in the current administrative area and is composed of special (and) facilitators, whose work is funded by the same level of finance.

The executive branch of the judiciary should publish in a timely manner the names, heads, addresses and calls of the People's Conciliation Commission for Medical Disputes, in accordance with the establishment of the National Commission for the Mediator of Medical Disputes within the present administration.

Article 7 encourages medical institutions to participate in medical liability insurance and to support the establishment of medical liability insurance by insurance agencies.

Article 8 establishes a system of funds for the sound health risk. Medical agencies are drawing up medical risk funds in accordance with the relevant national provisions.

Public health agencies should strengthen the use and management of health-risk funds, with specialised funds, and should not be used for change.

Article 9 media, such as newspapers, radio, television and websites, should adhere to professional ethics and objectively and impartially cover medical disputes, in accordance with the relevant laws, regulations and regulations.

Chapter II Prevention of medical disputes

Article 10. The health administration should strengthen the monitoring of access to medical institutions and medical personnel and their performance practices, promptly investigate violations committed by medical institutions and defend the legitimate rights and interests of the medical parties.

Article 11. Medical institutions should strictly regulate medical technology, carry out medical treatment activities in accordance with approved medical treatment subjects, and disseminate health-management laws, regulations and regulations through a variety of means, in accordance with public medical information.

Article 12 Medical institutions should strengthen medical therapy, improve the internal management system, such as medical quality control, evaluation, accountability, risk assessment, and organize regular training activities for medical personnel on medical ethics.

Article 13 Medical institutions should establish mechanisms for the communication of health patients. The establishment of a reception facility, with a reception staff, to receive and deal with counselling, complaints from patients and their close relatives or commissioners, to demonstrate relevant legal regulations and medical disputes processing, conciliation procedures, and to deal with complaints in a timely manner, and to address the results should provide feedback to the counselor.

Article 14. Medical institutions should establish emergency treatment of medical disputes and report on the release of health administrations registered in their occupations and local public security authorities. The establishment of a medical dispute prevention and treatment body with dedicated (and part-time) staff to regularly streamline medical disputes.

Article 15. Medical personnel should comply with the relevant health management laws, regulations, regulations and professional ethics, protect the privacy of patients, document medical material, adhere strictly to technical operational norms and improve the quality and service levels of medical treatment.

Medical personnel shall not engage in:

(i) Conduct medical acts beyond the scope of the operation;

(ii) The imposition of unnecessary inspections in violation of therapeutic norms;

(iii) Exhibition, misleading or exaggeration;

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

(v) Harmonization, concealment, falsification, destruction and discarding material;

(vi) To receive the patient, the close relatives of the patient or the agent's property;

(vii) Contributors such as medical equipment, medicines, probationary agents, operating enterprises or persons.

Article 16 gives the following rights to patients and their close relatives or to the agent:

(i) Provide medical personnel with information on morbidity and medical measures, medical risks and alternative health programmes:

(ii) There is a need for operating procedures, special inspections and special treatment, and medical personnel should obtain written consent to make statements to patients and should be made available to the close relatives of the patient and obtain written consent;

(iii) Relevant information, such as requests, replication of accommodation, a medical order, screening reports, operations and anachronic records, medical records, and a list of medical costs;

(iv) Reimbursement for medical institutions or producers, blood-provided agencies can be made available to medical institutions or producers, as a result of the defects in medicines, insecticide-treated agents, medical devices or the incompatibility of imported blood;

(v) Other rights under the law, regulations.

Article 17 The patient and his close relatives or the agent shall fulfil the following obligations:

(i) Respect medical order and respect medical personnel;

(ii) To provide medical personnel with the necessary diagnostic, inspection, treatment and care, if they do so;

(iii) Payment of medical expenses as prescribed;

(iv) There shall be no compelling requirement for medical institutions and medical personnel to conduct medical acts that go beyond their ability to manage and operate;

(v) Objections or controversy with regard to medical acts and shall express opinions or claims through lawful means;

(vi) Other obligations under laws, regulations.

Chapter III Treatment of medical disputes

Article 18 After the occurrence of a medical dispute, the parties with medical problems may choose to resolve the following ways:

(i) Resolving themselves, except for the payment of more than 500,000 dollars for public health agencies;

(ii) To apply for mediation to the People's Conciliation Commission for Medical Disputes;

(iii) Applications for administrative treatment to the health administration;

(iv) To prosecute the People's Court;

(v) Other avenues provided for by law, regulations.

Article 19 medical institutions should report medical disputes to the health administration, as prescribed, without concealment, suspension and false reporting.

The following measures should be taken in a timely manner following the occurrence of medical disputes:

(i) Profile of emergencies. In accordance with the responsibilities set out in the case, control measures are taken to prevent the expansion of events, to keep the situation in a timely manner as the health administration in the real place and to inform the relevant sectors, such as public safety.

(ii) Coordination of communication in a timely manner. The medical agencies should be able to intervene in a timely manner, to receive counselling and complaints, to evacuate feelings and to inform patients and their close relatives or to entrust the agents with legal procedures and means to deal with medical disputes. It asked for consultations to be resolved, and the health-related parties should give up to five representatives each and identify one of the main representatives to resolve disputes.

(iii) Organizing expert meetings. Medical institutions should organize medical experts in the region in a timely manner and inform patients of the views they have received or discussed and respond to the advice and questions raised by the victims.

(iv) Contain and envelope the relevant evidence. In the case of co-acquisitions, on the basis of the Medical Accident Control Regulations, the physical and related medical information is provided under the Medical Accident Control Regulations; the investigation is conducted in conjunction with relevant administrative, judicial and medical dispute mediation organizations.

(v) Treatment of bodies. The patient's death within the medical institution is provided for the transfer of the body to the ACPE or the mail. The causes of death cannot be determined or the causes of death are contested by the medical accident treatment regulations.

(vi) Report on medical disputes. After the settlement of the dispute, a medical dispute resolution report was submitted to the health administration, reflecting the occurrence of medical disputes and the investigation, processing.

Article 21, after receiving a medical dispute report, the health administration should be responsible for immediate and effective measures by medical institutions to prevent the expansion of the situation and for the timely discharge of their personnel from on-site guidance and the coordination of treatment of medical disputes.

Article 2 is one of the following acts, and the medical institutions should be alerted to the public security authorities in a timely manner:

(i) The intentional damage to the property, equipment, the seizure or theft of important information, such as medical institutions;

(ii) interference, obstruction of the functioning of medical personnel in accordance with the law and affect the normal work of medical institutions;

(iii) Intrusion, stigmatization, defamation, threats, beatings, violates or violates the liberty of medical personnel;

(iv) The occurrence of morgues, hurdles or reoccupies of medical institutions for treatment, office space;

(v) Other practices that disrupt the normal order of medical institutions and violate the safety of medical personnel.

Article 23 should be addressed in accordance with the following provisions:

(i) To organize police stations to carry out educational evacuations, to identify identitys, and to bring medical disputes, such as the normal medical order, to accumulate on-site investigations, to prevent the expansion of events and to maintain medical order;

(ii) To deal with offences committed on the ground by law;

(iii) Deaths of patients within medical institutions, whose relatives impede the transfer of the body to too-to-clock or to the premises, and the public security authorities should be properly addressed in conjunction with sectors such as health, civil affairs.

Article 24 should quickly arrange the arrival of vehicles and personnel on the ground upon notification by the civil service, in accordance with the rules governing the receipt of the body and the transfer to the premises.

When a medical dispute arises, the health-related parties should maintain calm, restraint and listen carefully to the views of the parties, which can be resolved in their own consultations.

Medical institutions need compensation or compensation, and the medical patients can reach a written agreement.

More than 50 million dollars of compensation for medical disputes, public health agencies should take the way provided for in article 18 of this scheme, without consulting patients and their close relatives or commissioners themselves.

When a medical dispute arises, the parties to the medical crisis, in accordance with the principle of proximity, may apply for mediation to the Medical Dispute People's Conciliation Commission in the area of medical disputes, and the Medical Disputes Commission may also act as mediation.

Article 27, Conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes, should uphold the principle of voluntary, equal treatment by the parties to medical treatment and shall not violate the laws, regulations and national policies, respect the rights of the medical parties and prevent the parties from defending their legitimate rights in accordance with the law, through administrative, judicial, etc.

Article 28 People's mediators in medical disputes should be publicized, end-of-the-art, with medical, legal expertise and experience in mediation, with a focus on people's mediation.

In mediation of medical disputes, people mediators who are in the interest of the health-related parties should be avoided by law.

People mediators have confidential obligations with regard to the confidentiality of secrets, such as the privacy of the patient and medical personnel who have been informed in the mediation.

In article 29, the People's Conciliation Commission for Medical Disputes should establish a pool of people mediators composed of experts, such as medical, pharmaceutical, psychological, insurance and law, to provide technical advisory services for investigations, assessments and mediation of medical disputes.

Article 33 requests for medical conciliation by parties with medical distress, which shall be reviewed by the People's Conciliation Commission for Medical Disputes within 5 days, determine the admissibility and respond to the parties in a timely manner; inadmissibility, the parties should be notified in writing and justified.

After receiving a request for mediation, the People's Conciliation Commission for Medical Disputes should be informed of the rights and obligations of the health-related parties in mediation.

Article 33 is one of the following cases: the People's Conciliation Commission for Medical Disputes should be inadmissible; the conciliation has been accepted:

(i) The party rejects the mediation of the People's Conciliation Commission for Medical Disputes;

(ii) One party submits an application for administrative treatment and the health administration has been accepted;

(iii) The prosecution by a party to the People's Court;

(iv) Legal, legislative and regulatory provisions are only dealt with under the jurisdiction of the specialized agencies, or laws, regulations prohibiting the use of conciliation.

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

In accordance with the need for mediation, the Commission for the Mediator of the People's Disputes may be conciliationd by the medical parties by selecting one or more people mediators, or by assigning one or more people mediators.

In accordance with article 33, the People's Conciliation Commission for Medical Disputes shall conduct conciliation according to the following procedures:

(i) The choice of a mediator to preside over the mediation, which may not be chosen by law to designate a mediator to preside over the mediation, and the parties should be avoided by making a request for evasion and justified;

(ii) The parties may hire a lawyer or a commissioner to participate in mediation;

(iii) Presentations according to the order of the first medical doctor;

(iv) People mediators or parties may make mediation recommendations, but mediation recommendations should be in accordance with the relevant provisions of the State and should not compromise the interests of the State and others; the need to investigate the verification and the cooperation of the relevant units or individuals;

(v) The mediation process should produce conciliation orders, which should be confirmed by the parties on a note.

Article XXXIV People's Conciliation Commission for Medical Disputes shall end within 30 days of the date of receipt of the application for mediation.

Owing to the need for extension of the duration of mediation in special circumstances, the Commission on the Mediator of the People's Disputes and the parties with medical distress may agree on an extension period of time; beyond the agreed time frame to reach a mediation agreement, as mediation is not considered to be mediation.

Mediation should be communicated in writing to the parties and to the matter.

When a conciliation agreement was reached by the People's Mediation Commission on Medical Disputes, the parties to the medical crisis could apply voluntarily to the People's Court to confirm the effectiveness of mediation agreements in accordance with the law. The People's Court, in accordance with the law, recognizes the effectiveness of mediation agreements and the parties refuse to perform or do not fully, and the parties may apply for enforcement to the People's Court.

When a medical dispute arises, a party may apply to the health administration at the medical facility's location, in accordance with the Medical Accident Control Regulations.

One party applied for administrative mediation and the health administration could conduct mediation. The success of mediation should be accompanied by a letter of mediation, which should be carried out by the parties; mediation is not carried out by either side or by mediation agreement, and the health administration is no longer mediation.

When a medical dispute arises, the insured body of the medical liability insurance should be involved in the treatment of medical disputes in a timely manner in accordance with the insurance contract.

In accordance with the agreement of the insurance contract, the custodian of the medical responsibility insurance shall consult the parties in accordance with the law on compensation or compensation agreement, the agreement reached by the People's Conciliation Commission for Medical Disputes, the administrative mediation agreement of the health administration, the letter of mediation by the People's Court or the judgement, as a basis for the payment of compensation or compensation payments in a timely manner.

Chapter IV Legal responsibility

Article 338 Medical institutions and their medical personnel have one of the following acts, which are warned by the health administration and corrective; in serious circumstances, the responsible supervisors and other persons directly responsible are treated in accordance with the law:

(i) Violations of the health administration system or the technical operation norms;

(ii) Conclusive, false or unauthorized destruction of medical instruments and information;

(iii) Not to inform patients and their close relatives, or to entrust the agent with the disease, medical measures and medical risks;

(iv) No medical treatment is provided for by the patient and his or her close relatives or the agent's consent to the operation, special inspections, special treatment, experimental clinical treatment;

(v) The absence of a medical dispute response and the presentation of the release of the health administration and the local public security authorities registered in their operations;

(vi) No major medical disputes were reported to the health administration at the location, as required;

(vii) In consultation with the patient and his close relatives or the agent, the public medical agency handles medical disputes that amount to more than 50 million dollars.

(viii) Other acts punishable by law.

Article 39 has one of the following acts, which are punishable by law by the public security sector; constitutes an offence and criminal responsibility by law:

(i) Organizing, instigating, coercing other interference, obstructing the treatment of medical disputes, and seeking refuge;

(ii) The occupation of medical institutions for medical treatment or office premises, the blocking of entrances and other disturbing medical institutional order, rendering medical work in a normal manner;

(iii) Theft, seizure, destruction of medical institutions and other medical documents, and damage to public and private belongings of medical institutions;

(iv) Resistance of medical institutions for the elderly, persons with disabilities, persons with disabilities, persons living in institutions that cannot be self-sustained and those who have no independent life;

(v) To deny the removal of the body to be carried out by too-to-call, memorials or within medical institutions, ventilation, poles, posters, distribution of leaflets, the manufacture of noise, and the use of slacks;

(vi) To humiliate, defamation, violence, threat to health-care staff, to limit their personal liberty or to impede the lawful conduct of the profession;

(vii) Other interference with medical disputes.

Article 40

Article 40

(i) No performance in accordance with this approach;

(ii) Toys negligence, abuse of authority and favour private fraud;

(iii) Serious social impacts and hazards.

Article 42, press agencies or press journalists have reported serious misconduct of medical disputes, which have not yet been published, resulting in serious social adverse impacts and consequences, in accordance with the relevant national provisions.

Chapter V

Article 43

Article 44