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Handan Medical Disputes Prevention And Solution

Original Language Title: 邯郸市医患纠纷预防与处置办法

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Means of prevention and disposal of medical disputes

(The 13th ordinary meeting of the Government of San Francisco, 15 November 2013, considered the application of the Decree No. 146 of 20 January 2013, which was published as from 1 December 2013.

Article 1 protects the legitimate rights and interests of patients, medical institutions and their medical personnel, preserves the normal medical order and develops this approach in line with laws, regulations and regulations such as the People's Mediator Act, the People's Republic of China Act, the Law on the Protection of the People's Republic of China, the National People's Republic of China Act, the National People's Republic of China Act on the Protection of the Rights of People's Republic of China, the Nurs Regulations of the State and the Medical Accident Control Regulations.

Article 2, this approach applies to the prevention and disposal of medical disputes at all levels of my city administration.

Article 3 of this approach refers to acts and outcomes of medical institutions and their medical personnel, such as medical treatment, care, etc., and their causes and responsibilities arising from perceptions of differences.

This approach refers to persons suffering, including patients, relatives of patients, other relatives and licensed lawyers. On behalf of patients or relatives of the patient, persons who have been caught up in the medical institution in order to gain an improper interest are not affected by the law of the public security authorities.

The treatment of health-related disputes should be guided by the principles of prevention of ownership, lawful disposal, territorial management, fairness, and timeliness of the population, which are clear, qualitative, clear and accountable and processed.

Article 5 municipalities and districts (markets, zones) should establish mediation leadership structures for the prevention of treatment of health-related disputes, consisting of sectors such as health, correspondence, public safety, justice, civil affairs, finance, human security, the rule of law, which are responsible for leading, organizing coordination, supervision and inspection of mediation efforts for medical disputes in the region.

Article 6. Medical institutions should establish a system of accountability for violations committed by health personnel, a system of monitoring and evaluation of the quality of medical care, a system of communication of health patients and security responsibility.

Medical institutions should establish reception facilities to receive counselling and complaints from patients.

Article 7. Medical personnel shall comply with the following provisions:

(i) Compliance with the norms of health law, regulations, and technical operation;

(ii) To establish a spirit of professionalism, respect for professional ethics, care, respect for patients, protect the privacy of patients and pay due diligence to patients;

(iii) The implementation of medical, preventive, health-care measures, the signing of medical certificates, the need for personal screening, investigation, and the timely completion of medical instruments, in accordance with the provisions of the medical instruments, shall not imply anonymous, forged or destroyed medical instruments and information;

(iv) To avoid adverse consequences for patients, and to respond to them in a timely manner, in cases such as real notification of patients or their families, medical measures, medical risks and medical costs;

(v) There shall be no medical certificate that is not relevant to the scope of the operation or is incompatible with the category of the operation;

(vi) For patients at risk, urgent measures should be taken to treat them without denying the treatment of first aid.

Article 8

(i) Compliance with the regulations of medical institutions and the maintenance of medical order;

(ii) Coher with medical staff for diagnosis, treatment and care;

(iii) Payment of medical expenses on time;

(iv) After a dispute, a reasonable claim is made under the law to a medical institution, the health administration or the People's Conciliation Commission for Medical Disputes (hereinafter referred to as “the Medical Consultative Committee”) or directly to the People's Court.

Article 9. Medical personnel shall report in accordance with the provisions of the Medical Accident Control Regulations. Medical institutions should take immediate measures to prevent the expansion of events and to verify and preserve all relevant information as required.

Article 10 Medical institutions should report in a timely manner on medical disputes and major medical negligence, in accordance with the provisions of the Medical Accident Control Regulations, without concealment, suspension and false reporting.

Article 11. After a medical dispute, the medical body shall initiate a pre-disposition to a medical dispute and dispose of the following procedures:

(i) To take control measures to prevent the expansion of events, to communicate the medical advice of hospital experts to patients in a timely manner and to report to the superior health administration, in accordance with the responsibilities set out in the case;

(ii) In the case of co-acquisitions, on the basis of the Medical Accident Control Regulations, the seizure and seizure of on-site and related medical material;

(iii) Deaths of patients in health-care institutions should be immediately removed from medical institutions, with special circumstances not exceeding 12 hours.

The overdue body, which was approved by the health administration at the medical facility's location and reported back to the same level of public security authorities, was assisted by the public security agencies to transfer the body;

(iv) To inform the victims of the treatment of medical disputes and to respond to the advice and questions of the victims and to lead the victims to resolve disputes by law;

(v) Consultations between the parties to resolve medical disputes and should be carried out at specialized facilities of medical institutions. More than three persons are in prison, and representatives should be given the opportunity to consult and not more than three representatives;

(vi) Upon disposal, the health administration submits a report on the treatment of health-related disputes, such as the actual reflection of the occurrence and investigation and treatment of medical disputes.

Article 12. The health administration shall be disposed of in accordance with the following procedures after receiving reports on medical disputes:

(i) Urgent medical institutions to take timely measures to prevent the expansion of events;

(ii) actively pursue policy advocacy and educational evacuations, leading to the proper resolution of disputes by both health-care providers;

(iii) The parties apply for treatment of medical accidents in accordance with the provisions of the Medical Asset Disposal Regulations.

In one of the following cases, medical institutions should immediately inform the local public security authorities:

(i) Accumulate in the health-care system, with a spectasing effect on the normal work order;

(ii) The mortality or the placement of medical institutions for treatment, office space;

(iii) The intentional damage or theft of important information, such as property, equipment and disease, archives;

(iv) Obstacles the legal profession, insults, defamation, threats, beating medical personnel or violations of the liberty of medical personnel and their relatives and disrupt the normal life of medical personnel;

(v) There are other serious implications for the medical order, which is sensible.

Article 14. The public security authorities shall, upon receipt of a medical trial, be given a police officer and disposed of in accordance with the following procedures:

(i) Immediately organize police strengths to go to the field;

(ii) Verification of the status of patients and their families and the persons concerned;

(iii) Undertake educational evacuations to end the acts listed in article 29 of this approach and to maintain the medical order;

(iv) Other offences committed on the ground are dealt with by law.

Article 15. Municipalities and districts (markets, districts) should establish medical committees, which are established by the same level of administration of justice and provide guidance, oversight and organizational coordination for the day-to-day work. Mediators are drawn from the pool of experts of medical experts, legal experts, forensic experts, insurance experts, psychologists, social scholars, representatives of the human person and members of the political union. The selection of mediators should have higher professional integrity and professional integrity, without any violation.

The ITU mediation of medical disputes is not charged. The Government of the same people should arrange the necessary office space for the Medical Consultative Committee, with office facilities, equipment, to guarantee the normal conduct of its work, in accordance with the level of economic development and financial arrangements.

Article 16 shall perform the following duties:

(i) Mediation of medical disputes and prevention of the escalation of medical disputes;

(ii) To promote legal, regulatory, regulatory and medical knowledge and to guide the parties to deal with disputes on the basis of facts and laws;

(iii) Contributively settled medical disputes and, at the request of both parties, produce written conciliation agreements;

(iv) Provide counselling and services for medical disputes to patients and their families or medical institutions.

The mediation of medical disputes has resulted in the termination of medical institutions at the local level. The Municipal Medical Council receives medical disputes in one of the three districts of the city (junctions, mountainous areas, rezones, etc.), and the district (communes, districts) medical committees receive medical disputes within the present administration.

Article 17 claims for health-related disputes are not exceeding one thousand dollars, which can be resolved by medical institutions in consultation with the victims. The amount of the claim exceeds one million yen and should be applied to the Medical Consultative Committee at the medical facility's location for mediation or for the People's Court.

Article 18

(i) The application of the parties who meet the conditions of medical treatment shall be admissible on time.

(ii) Composition of the mediation team. A mediator appointed by the Medical Advisory Committee as moderator is appointed or selected by the parties on the basis of the need for the appointment or selection of two mediators, with the use of a number of relevant professionals, such as medical, forensic, insurance, in the pool of experts. In accordance with the relevant provisions, the ITU should redeploy the demands of the mediator.

(iii) The mediation team brings together medical patients to engage in mediation in specialized mediation places where the parties may hire lawyers; and should also inform the medical liability insurance companies to participate in mediation.

(iv) A medical conditioner or a medical liability insurance company requires the identification of medical accidents, which can be obtained by an accredited body accredited by the Medical Advisory Committee, and the identification of opinions should serve as a basis for mediation of medical disputes. The costs identified are mattressed by the applicant. Upon confirmation, medical accidents are paid by medical institutions; they are not medical accidents and are assumed by proportion of responsibility.

(v) Success in mediation, CCMC should produce written conciliation agreements according to the meaning of the medical parties.

Article 19, in the course of mediation, mediators need access to medical materials, advice or inquiries to the relevant experts and personnel, and the relevant units and personnel should be synchronized.

Article 20 shall be closed within 15 working days of the date of receipt of the application for mediation; exceptional circumstances shall be completed by the parties with the consent of the parties to the application for the extension of mediation and 15 working days may be extended by the Director of the Medical Coordination Committee after approval of the agreement. More than the prescribed period, mediation agreements have not yet been reached as mediation and termination of mediation.

Article 21, the parties to a medical dispute may su directly to the People's Court. In cases where proceedings have been instituted, the health administration or the medical board will no longer receive its mediation requests; the conciliation should be terminated and the relevant information should be transferred as appropriate.

Article 2 establishes a medical liability insurance system. Public medical institutions are involved in medical liability insurance in the communes of municipal, district and district health administrations and encourage and support other medical institutions to participate in the medical liability insurance. Participants are encouraged to participate in the medical accident liability insurance. The insurance scheme, insurance liability and insurance rates are determined in consultation with medical institutions and insurance enterprises, in accordance with the relevant laws and economic societies.

The cost of insurance is charged from the operational costs, which are provided for in the cost of medical institutions. Medical institutions may not increase the burden of patients due to participating in the medical liability insurance.

In accordance with the agreement of the medical liability insurance contract, the medical agency shall communicate to the Medical Liability Insurance Corporation the relevant cases of medical disputes in a timely manner, and shall guarantee the rights of the custodian to verify the medical dispute.

Article 24 deals with medical distress settled by mediation, and the parties to the medical service should be aware of compliance and compliance with mediation agreements. Within the amount of compensation established by the Medical Liability Insurance Corporation in the conciliation agreement and the amount of the insurance award, the insurance liability is owed to the insured medical institutions in accordance with the agreement of the medical liability insurance contract.

Both parties and the Medical Liability Insurance Corporation are of the view that there is a need to apply to the People's Court for judicial recognition within 30 days of the entry into force of the mediation agreement, with judicial enforcement, as confirmed by the People's Court.

Article 25 The custodian of the medical liability insurance should establish specialized agencies for compensation for medical disputes and participate in mediation activities organized by the IASC in a timely manner. More than one million dollars of compensation should be involved in the treatment of medical disputes.

Article 26 Reconciliation, agreement on mediation by the Medical Council, conciliation by the People's Court or decision of entry into force shall be carried out in a timely manner, and the Medical Responsibility Insurance Corporation shall agree on payment of compensation in a timely manner in accordance with the medical liability insurance contract. Medical institutions that do not participate in the medical liability insurance should fulfil the obligation to compensation in accordance with the agreement or the judgement.

Article 27 of the health administration and its staff, medical institutions and their medical personnel violate the provisions of this approach, which are addressed in accordance with laws, regulations and regulations such as the Law on the Practice of the People's Republic of China, the Medical Accident Control Regulations.

Article 28 does not establish pre-empts for treatment of health-related disputes by the health administration, which is changing in serious circumstances and disposes of those responsible by law.

Article 29 is one of the following acts, punishable by law by public security authorities, which constitutes a crime and is criminally criminalized by law:

(i) Consideration of medical institutions or medical office premises, searching for forced evictions, deliberately damaging public and private property and seriously disrupting the normal medical order;

(ii) To humiliate, threaten, intimidate, deliberately harm or unlawfully restrict the freedom of medical personnel and their relatives and disrupt their normal work and life;

(iii) Instructions within and outside medical institutions, rooms, burning of paper money, trajectorys, seals, leaflets, etc., affect the medical treatment and the normal medical environment;

(iv) To deny the removal of the body from a medical institution, or to be held by the body, and to be discouraged;

(v) The seizure of medical instruments by patients, others or medical institutions, as well as medical certificates relating to medical disputes (such as medicines, health materials or medical devices, etc.), and the inadmissibility of such acts;

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

(vii) To deliberately destroy or steal public and private property within medical institutions;

(viii) Other acts of disrupting the normal order of medical institutions, which are serious.

Article 33 Staff of organs such as public security, health, justice and the judiciary play a role in the handling of medical disputes and do not fulfil their statutory obligations and are subject to administrative disposition by law, in the event of serious, criminality and accountability by law.

Article 31 Press agencies or journalists have reported to the relevant authorities to deal with the State's relevant provisions in accordance with the State's relevant provisions on medical disputes that have not been disclosed by the findings.

Article 32 deals with the handling of medical disputes by forces and cervical medical institutions, taking into account this approach.

Article 33 of this approach is implemented effective 1 December 2013.