Xuzhou medical disputes prevention and treatments
(August 9, 2013, Xuzhou city people's Government, the 18th Executive meeting August 19, 2013, Xuzhou city people's Government promulgated as of October 1, 2013, 134th) Chapter I General provisions
The first in order to prevent and handle medical disputes, protect the legal rights of patients, medical institutions and medical personnel, maintenance of order, in accordance with the People's Republic of China people's mediation law, State law, regulations on the handling of medical accidents Ordinance, combined with the city's actual, these measures are formulated.
Article in the administrative area of the city of medical disputes prevention and treatment efforts, these measures shall apply.
Disputes between doctors and patients in these measures refers to medical institutions and patients by medical, nursing and other medical practice controversy.
Article city and County (city, district) people's Government the establishment of medical disputes prevention and treatment Coordinator, solve medical disputes prevention and handling of major issues in the work.
Health Administrative Department is responsible for guiding, monitoring and prevention of medical disputes in medical institutions.
Judicial Administration Department is responsible for directing the work of people's mediation of medical disputes.
Public security organs shall be responsible for maintaining medical institutions of law and order.
Article fourth patient unit and town of residence (Street), the village (neighborhood) people work at the Committee shall cooperate with the medical disputes.
Article news media should play a media advocacy, guidance and oversight roles, objective coverage of doctor-patient dispute, advocated the establishment of a civilized and harmonious relationship between doctors and patients, promote effective prevention of medical disputes and dealt with according to law.
Sixth doctor-patient dispute should follow lawful, fair, timely, and convenient principle.
Article seventh city, County (city, district) doctor-patient dispute mediation Committee (hereinafter referred to as the Commission), responsible for the administration of medical disputes in the people's mediation work.
The Commission shall establish and improve doctor-patient dispute resolution work systems and processes.
The Commission will mediate disputes between doctors and patients are not charged. Eighth of municipal and County (city, district) can be organized within the administrative area of health care organizations to set up mutual aid money of medical risk, as disputes between doctors and patients in medical institutions of compensation, compensation payments.
Mutual aid money to pay, use, of medical risk management measures shall be formulated separately.
Medical institutions have the option to participate in medical liability risk insurance or medical assistance payments.
Chapter II prevention
Nineth medical institutions shall set up and perfect safety objective responsibility, medical quality supervision and evaluation, accountability and malpractice systems such as doctor-patient communication.
Medical institutions should be medical personnel safety laws, rules and regulations and the standard of training relating to diagnosis and treatment, care and education of medical ethics, enhance the awareness of medical personnel of security laws and standards of medical ethics.
Medical institutions shall, through bulletin boards, brochures or electronic media or any other means, to inform patients about medical safety laws, regulations, rules and regulations of medical institutions.
Article tenth medical institutions should set the reception site, equipped with (and) staff, accept patient inquiries and complaints, answering and dealing with the problem in a timely manner. Patients ' answers to medical institutions and process is not satisfactory, can complain to the health Administrative Department.
Administrative Department of public health after accepting the complaint, shall, in accordance with the relevant provisions in time, and shall inform the parties of the process results.
11th medical institution and its medical staff shall comply with the following provisions:
(A) bear with a patient statement, adherence to medical ethics, disease treatment, drug-taking, without violating the norm of diagnosis and treatment for patients without the necessary checks; (B) explain to the patient's condition and treatment.
Need to implement operation, special examination, special treatment, to explain to the patient the treatment risks, alternative treatment options in a timely manner, and has obtained the written consent should not be explained to patients, and indicate to the close relatives of the patients and obtain their written consent;
(C) salvage in patients with life-threatening emergency, unable to obtain views of the patient or his close relatives, approved by the head of the head of the medical institution or authorized, you can immediately implement remedial measures;
(D) according to the requirement of writing and keeping medical records; patients ' requirements, provide medical records in accordance with law, shall not be concealed or denied, or forge, alter or illegal destruction;
(E) respect for the patient's condition, diagnosis, treatment of the right to information and right to privacy;
(F) in accordance with the provisions of medical expenses, public medical fees line item.
12th patients should comply with the following provisions:
(A) address condition to the medical staff, with the diagnosis and treatment by medical personnel;
(B) timely payment of medical expenses;
(C) to comply with legal regulations, medical institutions and public ethics, maintaining order;
(D) after disputes between doctors and patients through legitimate channels to express their views and to resolve the dispute.
Chapter III the disposal
13th medical institutions should develop medical dispute treatment plans, and report to the Administrative Department of public health and public security authorities at their place for the record.
14th medical dispute occurred, medical institutions should start medical dispute treatment plans, and in accordance with the following process:
(A) take immediate and effective measures to avoid or mitigate harm to patient health, prevent damage to expand;
(B) inform patients ' ways and procedures to resolve disputes between doctors and patients, answer patient advice and questions, guide the patient to solve disputes;
(C) in the presence of both doctors and patients case, sealed and unsealed field related to physical and medical records;
(D) Organization of expert consultation or discussion, and will inform the patient of the consultation or discussion; (E) patients died in the medical institution, immediately moves the body mortuary or funeral home, and processed in a timely manner.
Doctor and patient cannot ascertain the cause of death or the cause of death has objections, in accordance with the provisions of the State Council regulations on the handling of medical accidents autopsy;
(F) cooperate with relevant departments and agencies doing investigation work;
(G) the disposal of medical disputes after the report to the Administrative Department of public health treatment results in a timely manner.
15th medical institutions in accordance with disposal plans medical disputes, medical disputes the health administrative departments and local public security authorities, administrative departments of public health and public security authorities after receiving the report, shall do a disposal Guide and coordinate the work of medical disputes and, if necessary, people rushed to the scene, leading both doctors and patients properly solve medical disputes by law.
16th under any of the following circumstances, the public security organs after the alarm, shall organize a police force rushed to the scene:
(A) gathering occupy clinic, Office space, banners, in medical institutions set up mourning Hall, putting up posters, or refuses to move the body mortuary or funeral home;
(B) impede the lawful practice of medical staff, insult, libel, threaten, beat medical personnel or unlawful restriction of liberty of medical staff;
(Iii) with the intent to damage or steal, or rob the facilities and equipment of medical institutions, such as property or medical records, files, and other important information;
(D) violations of patient safety;
(E) other acts that seriously affect the medical order.
Article 17th after the police rushed to the scene, disposal shall, in accordance with the following provisions:
(A) educational counseling, stop excesses, maintain normal order;
(B) the patients refused to move the body mortuary or funeral home, moved the body shall cooperate with the medical institutions;
(C) disposed of acts that violate the administration of public security, protection of personal and property safety.
The fourth chapter negotiation and mediation
18th medical dispute occurred, medical institutions and patients can be solved through the following means:
(A) consultations between doctors and patients on their own;
(B) the regulating Committee for conciliation;
(C) apply to the administrative departments of public health medical malpractice disputes;
(D) initiate litigation to the people's Court;
(E) the laws and regulations in other ways.
19th patient choice through consultation or mediation to resolve medical disputes, claims of less than 20,000 yuan from both doctors and patients themselves; claims more than 20,000 Yuan or amount claimed less than 20,000 yuan while bilaterally through consultation, the regulating Committee for conciliation.
Patients ' claims of more than 100,000 yuan, identification or medical malpractice medical malpractice should be carried out. 20th the parties for mediation, the Commission shall receive doctor-patient dispute within three working days from the date of the application, make a decision on whether to accept.
Admissible, admissible and notify the Parties accordingly.
The Commission can also take the initiative to mediate, but the other party expressly refused mediation, not mediation.
Article 21st of the following circumstances, the Commission will not be considered; has been accepted, and terminate the mediation:
(A) one of the parties to the court proceedings;
(B) the party has applied to the administrative departments of public health of medical accident disputes;
(C) the party refuses mediation;
(D) the laws and regulations of the other case.
Inadmissible or terminate the mediation, it shall notify the parties in writing and state the reasons.
22nd after the Commission accepts applications for medical disputes, can be selected by the parties or designated by the Commission one or several arbitrators to mediate.
Mediating disputes between doctors and patients should fully heed the party's statement, and may need to be investigated, in ascertaining the facts and responsibility on the basis of the proposed dispute resolution, conciliation agreements reached by the parties. 23rd Commission shall from the date of accepting an application for mediation mediation ended in the 30th. Both doctors and patients agree to postpone, you can extend the 30th.
Mediation does not contain the term identification or medical malpractice medical malpractice.
Fails to reach a mediation agreement, considered mediation, mediation shall be terminated and shall inform the parties can legally through administrative, judicial and other means to address and resolve disputes between doctors and patients.
Article 24th of doctor-patient consultations bilaterally agreed, shall enter into the agreement.
A conciliation agreement by the Commission, the Commission shall draw up a mediation agreement. Conciliation agreement shall be signed by the parties, the people's mediators, sealed and stamped with the seal of the Commission.
Deemed necessary by the parties, may apply to a people's Court for judicial confirmation.
Mediation agreement is legally binding, the Parties shall, in accordance with the contract.
25th arbitrators need access to medical records, or to units and personnel advice, question, verify the information and circumstances, relevant entities and persons shall cooperate and assist.
The fifth chapter legal liability
Article 26th acts in violation of these rules, the relevant provisions of laws and regulations have been, from its provisions.
27th under any of the following acts violating the Administration, by the 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 in accordance with law:
(A) burning the money in medical institutions, display Hall, placed wreaths, violations mortuary, juzhongzishi;
(B) 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 of medical staff;
(E) medical institutions deliberately damages or theft, plunder of public or private property;
(Vi) other acts that disturb the normal order of medical institutions.
28th article violates these rules, medical institution and its medical staff to perform medical disputes prevention and management responsibilities, or against ' legitimate rights and interests of patients, the public health Administrative Department shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.
29th administrative organs and their staff in violation of the regulations, any of the following circumstances, by the authority shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) after receiving the medical dispute report, alarm, failing to take relevant measures;
(B) in the course of medical disputes prevention and treatment, illegally accepting other people's property, or other interests;
(C) in doctor-patient dispute consultations, mediation and the processing of such casual commitment of the contravention compensation or for compensation;
(D) other acts of dereliction of duty, abuse of authority or engages in.
30th civil mediators in doctor-patient dispute negotiation or mediation process in violation of the laws, regulations and rules and the regulations, or the units by the duly empowered authorities and organizations according to law.
The sixth chapter supplementary articles
31st article of the referred patients, including patients, patients with close relatives, guardians, the agent is entitled to represent the patient's and other personnel. 32nd article this way come into force October 1, 2013.