Advanced Search

Medical Disputes Prevention In Guangdong Province And Treatment Methods

Original Language Title: 广东省医疗纠纷预防与处理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Prevention and treatment of medical disputes in the wider province

(Summit No. 110 of 14 January 2013 of the Eleventh People's Government of the Great Britain and Northern Province to consider the adoption of Decree No. 186 of 2 April 2013 of the People's Government Order No. 186 of 1 June 2013)

Chapter I General

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

Article 2 Prevention and treatment of medical disputes within the territorial administration apply.

The medical disputes referred to in this approach refer to disputes arising between the medical agencies and their medical personnel in the course of medical operations, such as medical treatment, prevention, health.

Article 3 Prevention and treatment of medical disputes should uphold the principles of prevention as the primary, fair and timely people and the law.

Article IV. Governments of more people at the district level should strengthen their leadership in the prevention and treatment of medical disputes, and urge the authorities concerned to discharge their duties in accordance with the law and to coordinate key issues in the prevention and treatment of medical disputes.

Medical institutions are located, the People's Government of the town of the patient's residence, the street offices should be aligned with the processing of medical disputes by the Government of the people of the district and the relevant sectors.

Article 5

The executive branch of the administration of justice at the district level should perform its duties, strengthen the guidance on the mediation of the people of medical disputes and promote the normative development of the work of the people of medical disputes.

The public security authorities of the population at the district level should maintain the order of the health-care institution, strengthen the supervision of the defence of the internal security of the medical institutions, and combat criminal acts against medical personnel, the physical integrity of patients and the disturbing of the order of the medical institutions.

The Government's price authorities at the district level should strengthen the management of medical services and regulate the price of medical services.

The insurance oversight authority should enhance oversight over the related insurance work.

In the context of their respective responsibilities, the people's human resources and social security, finance and civil affairs are available for the prevention and treatment of medical disputes.

Article 6. The media should respect the relevant laws, regulations, regulations and professional ethics, fulfil their social responsibility and objective and impartial coverage of medical disputes.

Article 7. After the occurrence of a medical dispute, the parties with medical problems may choose to resolve the following ways:

(i) Resolving themselves, except under article 29, paragraph 3;

(ii) To apply for mediation to the People's Conciliation Commission for Medical Disputes or the People's Conciliation Commission for Medical Disputes (hereinafter referred to as the Medical Consultative Committee);

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

(iv) To prosecute the People's Court;

(v) Other avenues provided for in laws, regulations and regulations.

More than a conditioned city can test medical disputes.

Article 8. The Medical Council is a professional popular mediation organization established by law.

The administration of justice at the local level should guide the establishment of a medical board at the local level, and the administration of the administration of justice at the district level should guide the establishment of a medical board on the basis of actual needs, for the popular mediation of medical disputes within the present administration.

The Government's administration of justice at the district level should make statistics on the establishment of the Medical Consultative Committee within the current administration and make the names, heads, addresses and telephones available to society in a timely manner.

More people at the district level have provided the necessary support and guarantees for the mediation of the people of medical disputes, personnel, office spaces.

The administration of justice and the health administration at all levels should strengthen communication and collaboration to strengthen the guidance on the mediation of the people of medical disputes.

A conditional city, district and territorial governments can take the form of government buying services for the establishment of the Medical Coordination Commission and the conduct of medical disputes.

Article 9 encourages and supports the participation of medical institutions in medical liability insurance and encourages patients to participate in medical accident insurance.

The health administration should lead medical institutions to participate in the health liability insurance.

Article 10 encourages foreign citizens, legal persons and other organizations within the territory to do so in accordance with the law or to establish a health risk fund to fund medical assistance and medical mediation in the province.

The medical institutions receiving contributions or the medical committees should publish the specificities of social contributions, funding and social supervision every half year to society.

Chapter II Prevention of medical disputes

Article 11. The health administration should strengthen monitoring of the access of medical institutions and medical personnel and their conduct of the profession, promptly investigate violations committed by medical institutions and take effective measures to improve the level of medical care and to preserve the legitimate rights and interests of the parties.

Article 12

(i) Approval, registration and school testing of medical institutions;

(ii) Examine the operation of medical institutions;

(iii) Organizing evaluation of medical institutions;

(iv) To promote the establishment of an improved system for medical institutions;

(v) Administrative penalties for violations of this approach.

Article 13 governs medical institutions should comply with the relevant legal, regulatory, regulatory and medical technical norms, and conduct medical treatment activities in accordance with the approved medical treatment subjects.

Medical institutions should strengthen the health-care management laws, regulations, regulations and therapeutic care norm, conventional training and vocational education for medical services.

Medical institutions should communicate health laws, regulations and regulations to patients and their close relatives, as well as to the public, in accordance with the provisions of public health services.

Article 14. Medical institutions should establish a system of monitoring and evaluation of the quality of medical care for medical personnel, a system of responsibility for medical safety, a system of treatment of medical disputes and internal accountability.

Article 15. Medical institutions and their medical personnel should explain and communicate to patients and their close relatives in medical activities.

Medical institutions should establish mechanisms for the sound communication of health patients, set up a single complaints window and a reception facility, publish complaints telephones, publish the responsibilities, addresses and contacts of relevant institutions, such as medical disputes, in a significant position, and address and address related issues in a timely manner.

The health administration has received complaints from patients or their close relatives against medical institutions and should be examined within 10 days of the date of receipt of the complaint, making written decisions on admissibility and informing the complainant. For the decision to be taken, the investigation should be organized in a timely manner and the findings should be communicated to the complainant; inadmissibility, the complainant should be informed and justified in writing.

Article 16 Medical personnel should fulfil the following obligations to prevent the occurrence of medical disputes:

(i) Compliance with health laws, regulations, regulations and guidelines for the treatment of health care has continually increased the level of professionalism.

(ii) Respect for professional ethics, care, respect for patients and protect the privacy of patients.

(iii) In order to avoid adverse consequences for patients, counselling should be provided in a timely manner, in cases such as real notification of patients' morbidity, medical measures, medical risks and medical costs; and, if so, the patient may have adverse consequences, the close relatives should be informed in a timely manner.

(iv) There is a need to implement surgery, special inspections, special treatment, experimental clinical medical treatment, etc., to provide patients with timely information on medical risks, alternatives to medical programmes, and to obtain written consent of the patient; to be unable or inappropriate to explain to the patients, and to obtain their written consent; to the patient's immediate medical measures, in emergencies such as the brunt of life, cannot be obtained or agreed by his close relatives in writing, with the approval of the head of the medical institution or authorization.

Article 17 Medical institutions should write and maintain the medical material in accordance with the requirements of the Department's Health Administration.

The medical personnel concerned should be filled for a period of six hours after the end of the rescue and be indicated.

No material should be lost, concealed, forged or destroyed.

Article 18 patients and their close relatives or their clients have the right to reprint or replicate (neighbourly) medical records, medical orders, laboratory kits (review reports), medical video check-up information, special check-up approvals, operational consents, operating procedures, and anachronic record, medical information, care records and other material provided by the State's health administration. In reproduction or reproduction, patients and their close relatives or their clients should be present.

In the event of a medical dispute, the record of the discussion of cases of death, the record of the discussion of cases of suspected difficulties, the record of a senior medical doctor, the consultations, the records of the sick shall be sealed and seized in the presence of the medical parties. Contained medical material can be reprinted and kept by medical institutions. The dispute resolution has been completed for a period of six months, and the medical body may inspire the release of the material of the disease.

The patient and his close relatives or their clients are either reprinted or reprinted, and medical institutions should provide photocopy or reproduction services and be added to the photocopy or reproduction information.

Medical institutions may collect work expenses in accordance with the standards set by the Government's price authorities, at the request of patients and their close relatives or their clients.

Article 19 Failure by the parties to the medical care to determine the causes of death or to object to the death shall be carried out within 48 hours of the patient's death; the existence of the body's frozen conditions may be extended until 7 days. The mortuary shall be subject to the consent and signature of the deceased's close relatives and without justification for refusing to sign, and the medical body may invite the medical board, the Commission or third-party personnel, such as the Village Commission, the public security authority, the health administration.

The denial or delay of the examination of the morgue, which exceeds the time specified, affects the causes of death and is held by the party that rejects or delays.

The medical parties may request forensic medical practitioners to attend a mortuary examination or to send a representative to observe the examination process.

Article 20 Deaths of patients within medical institutions shall be removed within a period of up to 24 hours. Medical institutions do not have the establishment of too-wife, and the body should be transferred within two hours.

The death of the patient within the medical institution is communicated by the medical agency to the Medical Service, which should receive and transport the body in accordance with the relevant provisions.

In violation of paragraph 1 of this article, the body that was not previously disposed of was approved by the health administration at the medical facility's location and reported to be processed by medical institutions in accordance with paragraph 2 of this article.

The body should be addressed in accordance with national and provincial provisions. With regard to medical disputes, the maintenance costs of the body in the premises are borne by both medical patients in accordance with the proportionality of responsibility.

Article 21

(i) Respect for medical personnel;

(ii) Coordinate medical personnel with the necessary inspection, treatment and care if they are to be informed by medical personnel of the conditions related to the medical treatment activities;

(iii) Payment of medical expenses on time;

(iv) Coordinate arrangements with medical institutions for referral or referral according to illness;

(v) Medical institutions may not be compelled to make medical acts that go beyond their ability to manage and operate.

No action shall be taken by patients and their close relatives and other persons of concern:

(i) The commission of violence or the threat of violence, the arrest of medical institutions, or the commission of sexual acts in medical institutions;

(ii) Theft, seizure, wilful destruction, public and private belongings and illnesses, archives, etc.;

(iii) Congregation, perimetering of medical institutions, strong or shocking the office of health-care institutions, medical facilities;

(iv) The burning of paper money in medical institutions, the inspiration, the yardsticking, violations, morgues, posters or exclusives, and the distribution of leaflets, the manufacture of noise, the use of slacks;

(v) The seizure of the body or the refusal to transfer the body to the rotary or extortion;

(vi) To humiliate, threaten, intimidate, beating medical personnel, deliberately harm medical personnel, as well as unlawful restrictions on the physical freedom of medical institutions and medical personnel;

(vii) Illegal access to health-care institutions for hazardous, hazardous and controlled devices;

(viii) Other acts that disrupt the normal order of medical institutions and threaten the safety of medical personnel.

In article 23, medical institutions should develop medical dispute response scenarios and report on the release of health administrations registered in their operations and local public safety authorities.

Chapter III Treatment of medical disputes

Section I General provisions

Article 24, after the occurrence of medical disputes, all levels of health administration and medical institutions should report in a timely manner, in accordance with the major medical dispute reporting system established by the Department of State's Health Administration, without reporting, debriefing, false reporting.

Article 25 After the occurrence of medical disputes, medical institutions should take the following measures in accordance with the realities of medical disputes:

(i) To inform patients or their close relatives about the treatment of medical disputes; or the patient or his close relatives have asked for consultations, they should be informed that they are not more than five participants in the consultations and that one major representative is identified.

(ii) At the request of the patient, in the event of a joint presence of the health-related parties, the seizure and seizure of the relevant medical material in accordance with article 18 of this approach.

(iii) Deaths of patients within medical institutions shall be treated in accordance with article 20 of this approach.

(iv) To organize expert discussions, if necessary, and to discuss feedback to patients or their close relatives.

(v) Cooperate with the Ministry of Health, the Public Security Service, the Medical Committee, etc.

(vi) After the treatment of medical disputes, medical institutions should submit written replies to patients or their close relatives.

The handling of medical disputes requires the commencement of emergency pre-responsibility, which should be taken in accordance with the provisions of the pre-profile to prevent the expansion of events.

When the health administration has received reports on medical disputes, it should be responsible for immediate and effective measures by medical institutions, where necessary, to carry out on-site guidance, coordinate the handling process, and to guide medical parties to properly resolve medical disputes in accordance with the law.

In article 27, the medical body found that the patient or his close relatives and other persons had the case under article 22 of the scheme, and should be given immediate police to the local public security authorities.

The public security authorities should be treated in accordance with the relevant provisions, after having received a police briefing:

(i) Immediately organize police stations to carry out educational evacuations, identify identity and put an end to laser behaviour;

(ii) In a timely manner, persons involved in medical disputes that disrupt the normal medical order are taken away from on-site investigations to maintain the medical order;

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

(iv) Deaths of patients within medical institutions, whose families impede the transfer of corpses to too-to-clock or bracketes, and civilian police on-site should cooperate with sectors such as health, civil affairs, and funerals, for the disposal of the body.

Upon receipt of a medical notice by the medical facility, the MSV should quickly arrange the arrival of vehicles and personnel on the ground, process the receipt of the body and transfer the body to the treasury. The competent civil administration should promote its responsibilities, and the health administration, public security agencies and medical institutions should work together.

Section II

When a medical dispute arises, the medical patients may consult themselves. Both health-related parties should listen carefully to views, verify information material, and seek to resolve it.

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

More than 1 million dollars of compensation for medical disputes, public health agencies should take the way under article 7, paragraphs 1, 2 to 5 and 2, of this approach, without consulting patients or their close relatives themselves.

When a medical dispute arises, the parties to the medical facility may apply for the mediation of the Medical Advisory Committee in accordance with the principle of proximity, and the medical board may also be active in mediation. The parties to the medical care have explicitly refused mediation without mediation.

Medical disputes may not be charged by ITU.

Article 33 mediation of medical disputes should uphold the principle of voluntary, equal treatment of medical patients and non-compliance with laws, regulations, regulations and national policies; respect for the rights of parties to medical treatment and prevent the parties from defending their legitimate rights by virtue of conciliation.

In article 32, the Mediator of the People's Correspondents should be a good one, with medical, legal expertise and experience in mediation, with a focus on people's mediation.

People mediators have confidential obligations with regard to the privacy of patients and medical personnel who have been informed in mediation or the commercial secrets of medical institutions.

The administration of justice at the district level should conduct regular operational training for people mediators. Training must not collect any cost.

Article 33 should establish a pool of experts composed of relevant medical, pharmaceutical, psychological, insurance and legal experts to provide technical advice for investigations, assessments and mediation of medical disputes.

Article 34 requests for medical dispute mediation by the parties should be reviewed by the Medical Advisory Committee within three working days. The decision is to be taken in a timely manner to respond to the parties; inadmissibility, the parties should be informed and justified in writing.

After receiving a request for mediation, it should be communicated to the health-related parties the rights and obligations they enjoyed in mediation.

Article 33, in one of the following cases, requests for medical dispute mediation are inadmissible; mediation has been accepted and terminated:

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

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

(iii) The party's refusal to mediate the mediation;

(iv) Laws, regulations stipulate that only are dealt with under the jurisdiction of specialized agencies or that laws, regulations prohibit the use of popular mediation.

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

Article XVI allows the appointment of one or more people mediators, or mediation by the parties, to select one or more people mediators for medical disputes. Where necessary, with the consent of the parties, the participation of a large number of representatives, members of the political union or persons involved in the mediation may be invited. The parties had made a reasonable request for evasion against the people mediator, which should be replaced with the medical review.

The medical board or its supervisory body and its chiefs are of the view that there should be a situation in which the decision could be taken directly, and the people mediators believe that there should be a situation where it should be avoided and should be avoided.

Following the request for medical conciliation, the People's Mediator shall communicate the facts and circumstances to the health-related parties, the experts concerned; the relevant units or individuals shall cooperate in the investigation, verification of medical disputes, as required.

Article 338 The parties to the medical service apply for the mediation of the Medical Advisory Committee, which does not agree on the amount of more than 100,000 dollars, shall jointly entrust the institution established pursuant to the relevant provisions of the State and the province with clear responsibility.

Article 39 should be closed within 30 days of the date of receipt of conciliation requests.

Owing to the need for extension of the duration of mediation in exceptional circumstances, the ITU and the health-related parties may agree on the duration of the extension; beyond the agreed time frame to reach a mediation agreement, as mediation is not considered as mediation.

Mediation should be informed and justified in writing.

Article 40 Medical disputes resolved by conciliation shall produce conciliation agreements. The letter of mediation agreement is entered into force with the signature, direction or designation of the parties to the medical service, with the signature of the mediator and the addition of the Hémedical Correspondent.

The health-related parties agree to a judicial recognition of the letter of the popular mediation agreement, which should assist the parties in judicial recognition. After judicial recognition of effective conciliation agreements, the parties refuse to perform or do not fully, the parties may apply to the People's Court for enforcement.

When a medical dispute arises, the parties may apply for administrative treatment to the health administration of the population at the district level above the medical facility's location, in accordance with the Medical accident Disposal Regulations.

In order to determine medical accidents, the health administration, at the request of both parties, may conduct medical accident compensation mediation. As a result of the success of mediation, mediation should be produced and the parties should be carried out; mediation is not carried out by either side or by conciliation agreement, and the health administration is no longer mediated.

In the course of administrative management, the health administration found that medical institutions and their medical personnel had committed offences and should be punished by law or administrative sanctions.

Article 42 states that the parties with medical care should be aware of the implementation of mediation agreements. Disputes between the parties regarding the implementation of mediation agreements or the content of mediation agreements may be brought before the People's Court.

The parties to the medical crisis may also sue the People's Court directly on medical disputes.

Chapter IV Medical liability insurance

Article 43 13

Non-public medical institutions are encouraged to participate voluntarily in the medical liability insurance.

Article 44 insurance institutions should follow the principle of saving the micro-lihood, provide a reasonable cushion rate, and implement a buoyage system based on the compensation of medical disputes by different medical institutions for calendar years.

Article 42 The insurance of medical responsibility should be determined, including through tendering.

Article 46 participates in medical institutions that are covered by the medical responsibility insurance, and its medical liability insurance premiums are charged from the operating expenses of the medical institutions and are included in the medical costs according to the provisions. The cost of insurance is vested in medical institutions administered under the income line.

Medical institutions may not increase the burden of existing fees or variability by participating in the medical liability insurance.

In accordance with the insurance contract, the insured agency of the medical liability insurance assumes the liability of medical institutions arising from medical disputes.

After a medical dispute, the custodian of the medical liability insurance should engage in the treatment of medical disputes in a timely manner in accordance with the insurance contract; the need for insurance compensation, the medical institution, the patient or its close relatives should cooperate with and provide medical disputes to the insurance agencies.

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 the compensation or compensation amount in the amount of 1000 dollars, the agreement reached in the medical mediation, the administrative conciliation agreement of the health administration, the letter of entry into force by the People's Court or the judgement, which shall be paid in a timely manner as a basis for the payment of compensation or compensation.

Chapter V Legal responsibility

Article 48 is one of the following cases in the medical institutions, which are warned by the Government's health administration at the district level and are responsible for changing it; in serious circumstances, the release of the licenses of the medical institution, the lawful disposition of the competent and other persons directly responsible for it; and the criminal accountability of the law, which constitutes an offence:

(i) In violation of article 13, paragraph 1, of this approach, therapeutic activity goes beyond the authorized scope of registration;

(ii) In violation of article 13, paragraph 2, of the present approach, there is no health-management laws, regulations, regulations and medical care norms, conventional training and vocational education for medical services;

(iii) In violation of article 14 of this approach, the non-establishment of the medical quality control and evaluation system, the medical safety responsibility regime, the treatment of medical disputes and the internal accountability system;

(iv) In violation of article 17, paragraph 1, of the present approach, the writing and proper custody of the material of the disease, as required by the Department's Health Administration;

(v) In violation of article 18, paragraph 2, of the present approach, no material has been placed and seized;

(vi) In violation of article 18, paragraph 3, of the present approach, the provision of photocopy or reproduction services in accordance with the provisions, and in addition to the photocopy or reproduction of the material of the disease;

(vii) In violation of article 23 of the present approach, no medical disputes are established for the treatment of pre-removal cases and are reported to the health administration registered in its occupation and to the host public security authorities;

(viii) In violation of article 29, paragraph 3, of the scheme, the public medical institutions consult with patients or their close relatives to deal with medical disputes that amount to more than 1 million dollars.

Article 49 medical personnel have one of the following cases, which are warned, responsibly corrected by the Government's health administration at the district level, in the event of serious harm to the physical health of the patient or resulting in the death of the patient, which is legally revoked by law, and criminal responsibility is held in accordance with the law:

(i) In violation of article 16, paragraph 1, of this approach, the non-compliance with the norms of health law, regulations, regulations and medical care;

(ii) In violation of article 16, paragraph 3, of this approach, there is no requirement to inform patients in good condition, medical measures, medical risks and medical costs, as provided for in the present article;

(iii) In violation of article 16, paragraph 4, of this scheme, the consent of the patient or his close relatives to the operation, special inspections, special treatment, experimental clinical treatment;

(iv) In violation of article 17, paragraph 3, of this approach, the loss, concealment, falsification or destruction of the material of the disease.

Article 50 Persons and their close relatives and other persons violate the provisions of article 22 of this approach, which is punishable by law by the public security authorities of more than the population at the district level; constitutes an offence punishable by law.

Article 50, People Mediator of the Medical Responsibilities, in the process of mediation of medical disputes, has been severely malfunctioned or in violation of the law by the recruitment unit, which is disposed of by the competent organ; constitutes a crime and is held criminally by law.

In accordance with article 52, the authorities of the above-mentioned population, in the areas of health, administration of justice, public security, civil affairs and insurance supervision, and their staff members, in the prevention and treatment of medical disputes, have one of the following acts, taken by their authorities or by the inspectorate, to the extent that they are responsible for direct responsibility and other direct responsibilities are treated in accordance with the law; constitute offences and hold criminal responsibility under the law:

(i) No performance in accordance with this approach;

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

Annex VI

Article 53