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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388858.shtml

Medical disputes prevention in Guangdong Province and treatment methods

    (January 14, 2013 11th people's Government of Guangdong province for the 110th general meeting April 2, 2013 186th promulgated by the people's Government of Guangdong Province as of June 1, 2013) Chapter I General provisions

    First in order to prevent and handle medical disputes, protecting the legitimate rights and interests of the patient, maintaining order, in accordance with the People's Republic of China Law on tort liability, the People's Republic of China people's mediation law and the medical treatment and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article II medical disputes prevention and treatment in the administrative area of the province, these measures shall apply.

    Medical dispute in these measures refers to parties for medical doctors and patients in medical institutions and medical personnel in the process of implementing health care, prevention, health care practice caused controversy.

    Article of medical disputes prevention and treatment should adhere to prevention, principles of equitable, timely, convenient and dealt with according to law.

    Fourth people's Governments above the county level shall strengthen the medical disputes prevention and treatment work of leadership, urging relevant departments to perform their duties, coordinate and solve major problems in medical disputes prevention and treatment work.

    Medical institutions, patient residence, where Township people's Governments, neighborhood offices above the county level should cooperate with the Government and relevant departments to do a good job handling medical disputes.

    Fifth people's Governments above the county level health administrative departments shall access to standard medical practice, strengthen the supervision and administration of medical institutions and personnel, and urged medical institutions improve the quality of medical services, medical security and medical disputes prevention and treatment work.

    People's Governments above the county-level judicial administrative departments should perform their duties and 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 the people's Governments above the county level medical institutions in order to strengthen supervision of medical institutions within the public security work, crack down against medical personnel, patients, personal security and disturbing the order of medical institutions in criminal acts.

    Government price departments above the county level shall strengthen the supervision and administration of medical service prices, standardize medical service prices.

    Insurance supervision and Administration Department shall strengthen the supervision and management of related insurance work.

    Human resources and social security, the people's Governments above the county level, finance, civil affairs departments within the scope of their respective duties, medical disputes prevention and treatment work.

    Article news media should abide by the relevant laws, regulations, rules and ethics, social responsibility, objective and fair reporting medical disputes.

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

    (A) to resolve, but except for the provisions of the third paragraph of article 29th;

    (B) to the people's Mediation Committee or disputes between doctors and patients of medical dispute mediation Committee (hereinafter referred to as Commission) for mediation;

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

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

    (E) laws, regulations, rules and regulations of the other ways.

    Conditions at the municipal level to be conducted for medical dispute arbitration.

    Article eighth doctor-the Commission is established by law of the professional organization of people's mediation.

    Level municipal judicial administrative departments should guide the local medical authority, judicial administrative departments should guide the people's Governments at the county level established in accordance with actual needs in the local medical board, responsible for the administration of medical disputes in the people's mediation work.

    People's Governments above the county-level judicial administrative departments should be on the Medical Commission established within the administrative area of statistics, and announced to the public in a timely manner the Medical Commission's name, owner, address, and telephone number.

    People of the people's Governments above the county level medical malpractice mediation requirements, personnel, Office space, given the necessary support and protection.

    Judicial administrative departments and health administrative departments at all levels should strengthen communication and coordination, strengthen guidance to the work of people's mediation of medical dispute.

    Conditions of city, County and district people's Government medical Commission can be set up and the work of people's mediation of medical dispute take the form of Government purchases of services.

    Nineth encouraging medical institutions to participate in medical liability insurance, encourages patients to participate in medical and accident insurance.

    Health Administrative Department should lead to medical institutions in medical liability insurance.

    Tenth to encourage domestic and foreign citizens, legal persons and other organizations to donate property or set up a venture fund to support medical institutions to carry out medical aid and medical Commission mediation of medical dispute.

    Donations received by medical institutions or the Medical Commission shall once in every six months to the public to accept public donations, financing details, subject to public supervision.

    Chapter II prevention of medical disputes

    11th health administrative departments should strengthen the medical institutions and medical staff practice access practice oversight, investigate and deal with violations of the medical institutions in a timely manner, and take effective measures to improve the level of health care to maintain the legitimate rights and interests of the parties.

    12th people's Governments above the county level health administrative departments shall exercise the following functions of supervision:

    (A) the establishment is responsible for the medical examination and approval, registration and validation of practice;

    (B) to inspect and guide the practice of medical institutions;

    (C) the organization responsible for the review of medical institutions;

    (D) urged medical institutions establish and improve the system;

    (E) administrative penalties for violations of this approach.

    13th practice of medical institutions should comply with relevant laws, rules, regulations and medical-technical specification in accordance with the approved registration of medical subjects of diagnosis and treatment activities.

    Medical institutions should strengthen their medical and health management laws, regulations and rules and standard care clinics, regular training and professional ethics education for medical services.

    Medical institutions shall require disclosure of information on medical services, and through a variety of means to the patients and their close relatives as well as social public health laws, rules and regulations.

    14th medical institutions shall establish and improve the medical quality supervision and evaluation system, security systems, medical systems and internal accountability system to settle disputes.

    15th medical institution and its medical staff to the patients and their close relatives in medical activities shall explain and communicate.

    Medical institutions shall establish and improve doctor-patient communication, unified window and reception sites, published complaints, prominently disclosing medical dispute solutions, procedures, as well as the responsibilities of the Commission and other relevant bodies, address and contact information, troubleshooting and dealing with problems in a timely manner. Administrative Department of public health received complaints from patients or their close relatives to medical institutions, shall from the date of receipt of the complaint within the 10th review admissibility decisions and inform the complainant in writing.

    Decision of admissibility should be promptly investigated and informed the complainant of the outcome; the inadmissibility, shall notify the complainant in writing and state the reasons.

    16th medical personnel shall perform the following obligations preventing medical disputes from happening:

    (A) to abide by hygiene laws, rules, regulations and medical nursing practices and continuously improve the level of expertise.

    (B) comply with professional ethics, caring for, loving and respecting patients and protect the privacy of patients.

    (C) to avoid adverse consequences for patients under the premise, should faithfully inform the patient, medical, medical risk and cost, and so on, answer their inquiries in a timely manner; informed patients are likely to have adverse consequences, should be timely informed of their close relatives.

    (Four) need implementation surgery, and special check, and special treatment, and experiment sex clinical medical of, should timely to patients description medical risk, and alternative medical programme, situation, and made patients of written agreed; cannot or should not be to patients description of, should to patients of near relatives description, and made its written agreed; for rescue life dying of patients, emergency situation, cannot made patients or its near relatives written agreed of, by medical institutions head or authorized of head approved, can immediately implementation corresponding of medical measures.

    Article 17th medical institution shall, in accordance with the requirements of the Administrative Department of health under the State Council, write and keep medical records.

    For rescuing patients with acute diseases, failing to write medical records in a timely manner, relevant medical personnel should be completed within 6 hours after the end of the rescue, and annotated.

    No loss, concealment, falsification or destruction of records. 18th the patients and their close relatives or their attorneys have the right to copy or duplicate the door (emergency) medical consultation admission records, calendar, body temperature, advice, laboratory (analytical report), medical imaging information, special examination consent, consent, surgery and anaesthesia records, pathology, nursing records and other medical records of the health Administrative Department under the State Council.

    Copy or copy should have the patients and their close relatives or their attorneys present. Medical disputes, proceedings of death cases, difficult cases discussion record, superior Ward records, consultation, course record should be in sealed and unsealed in the presence of both doctors and patients. Copies of medical records can be sealed and kept by the medical institution.

    Disputes over medical institutions can be unsealed after 6 months storage of medical records.

    Patients and their close relatives or their attorneys, duplicate or copy medical records, medical institutions shall provide a copy or copy service and stamped with proof marks on the copy or copies of medical records.

    Medical institutions upon request from patients and their close relatives or their attorneys, to its copy or copy medical records, in accordance with the criteria set out in provincial government pricing departments charge a nominal fee. Article 19th doctors and patients both parties failed to ascertain the cause of death or objections about cause of death, shall, within 48 hours after death an autopsy; the body freezing conditions, can be extended to 7th.

    Close relatives of the deceased, the autopsy should be agreed and signed without good reason refused to sign, medical institutions can invite Medical Commission, neighborhood or village Committee, public security organs, the administrative departments of public health and other third-party signature witnessed.
Refuse or delay the autopsy, exceeds the allotted time, effect of determining the cause of death, by refusing or delaying party responsibility.

    Parties may make doctors and patients attended the autopsy forensic pathology can also appoint representatives to observe the autopsy process. 20th death of patients at medical institutions within the body should move in within 2 hours the morgue, storage time should not exceed 24 hours.

    Morgue is not set by the medical institution shall, within 2 hours of corpse to the funeral home.

    Patient deaths in medical institutions, by the medical institutions to inform funeral homes, funeral homes should be timely received, return of bodies to medical institutions in accordance with the relevant provisions.

    Violation of the provisions of the first paragraph of this article fails to dispose of the bodies, and approved by the local health administrative departments of medical institutions, and reported to the public security departments at the same level after filing, handled by the medical institution in accordance with the provisions of the second paragraph of this article. Body shall, in accordance with national and provincial regulations.

    Relating to medical disputes, preservation of the body at the funeral home expenses shall be borne by both doctors and patients in accordance with the proportion of responsibility according to law.

    21st patients and their close relatives shall comply with the following requirements:

    (A) respect for medical personnel;

    (B) tell the medical personnel informed with a medical condition, medical history and other circumstances related to the activities, with the medical staff to carry out the necessary examinations, treatment and care;

    (C) timely payment of medical expenses;

    (D) collaboration with medical institutions according to the illness requires a referral or discharge arrangements;

    (E) shall not be forced beyond its treatment in medical institutions and the practice of medicine.

    22nd patients and their close relatives and other persons shall not be any of the following acts:

    (A) violence or threats of violence, threatening medical institutions or medical institution to cause trouble;

    (B) theft, looting, intentionally damaging, concealing medical institutions of public and private property and medical records, files, and other important information;

    (C) the mob, containment, medical institutions, seizing impact medical offices, clinics or places;

    (Iv) burning the money in medical institutions, display Hall, placed wreaths, illegal mortuary, pulling banners, posters or posters and distribute leaflets, make noise, splashing dirt;

    (E) robbing corpses or reject the corpse to the morgue or funeral home;

    (Vi) insulted medical personnel, threats, intimidation, abuse, assault, intentional injury of medical personnel, as well as the illegal restriction of personal freedom of health-care workers and medical personnel;

    (VII) to illegally carry inflammable and explosive dangerous goods and control apparatus entered the medical institutions;

    (VIII) other threats to disturb the normal order of medical institutions and medical staff's personal safety.

    Article 23rd medical institutions should develop emergency preparedness of medical disputes and reported their practice registration health administrative departments and public security authorities at their place for the record.

    Chapter III dealing with medical disputes

    Section I General provisions

    Article 24th medical disputes, at all levels of public health departments and medical institutions shall be formulated by the health administrative departments under the State Council's major medical malpractice reporting system reports in a timely manner, may conceal, delaying the report false.

    25th medical dispute occurred, shall, in accordance with the actual situation of medical disputes in medical institutions, to undertake the following measures:

    (A) inform patients or their close relatives the way to dealing with medical disputes and procedures patients or their next of kin requested consultations shall inform its election no more than 5 representatives participated in the consultations, and 1 principal representatives.

    (B) request, in the presence of both doctors and patients case, sealed and unsealed in accordance with this article 18th-related medical records.

    (C) patients die within medical institutions should be carried out in accordance with this article 20th body.

    (D) organize expert discussions when necessary, and will discuss the feedback from patients or their close relatives.

    (E) cooperate with the health Administrative Department and the public security organs, medical departments, agencies such as the Commission investigation.

    (F) medical disputes after the treatment, the medical institution shall submit a written reply to the patient or his close relatives.

    Dealing with medical disputes need to activate contingency plans, measures shall be taken in accordance with plans and prevent the situation from expanding.

    Article 26th after medical disputes reported to the administrative departments of public health, shall order the medical establishment to take immediate and effective measures, if necessary, sent to the scene to guide and coordinate the work to guide doctors and patients both parties properly solve medical disputes by law.

    27th medical institutions found that patient or his close relatives and other persons provided for in this article 22nd persuaded invalid, shall immediately report to a local public security authorities.

    Public security authorities after receiving the warning, should be dealt with in accordance with the relevant provisions of:

    (A) Organization of police rushed to the scene immediately, education counseling, screening, suppression of excesses;

    (B) disturb the normal order in breach of public order in a timely manner medical disputes involved in personnel management away from field surveys, maintenance order;

    (C) during the law illegal and criminal activities;

    (D) on death in the medical institution, moved their families hinder the body mortuary or funeral home, civilian police shall cooperate with the Department of health, home and funeral home corpse disposal. 28th funeral home after notification of the receipt of a medical institution, shall promptly arrange for vehicles and personnel arrived at the scene, in accordance with the provisions of receiving body procedures and transfer of the body to the funeral home.

    Its competent civil administration should urge them to carry out their duties, health administration, public security organs and medical agencies shall cooperate with the relevant work.

    Section II settlement system Article 29th after medical disputes, doctors and patients both parties can resolve on their own.

    Doctor-patient should listen carefully to each other on the parties, verify the relevant information materials, seek truth from facts, and consultation.

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

    Medical dispute paid amount of 10,000 Yuan or more, public medical institutions should take the first paragraph of this article seventh from second to fifth and the provisions of the second paragraph means, not with the patient or his close relatives themselves. After the 30th medical disputes, doctors and patients both parties in accordance with the principles, you can apply for a medical Commission to mediate; medical dissensions and medical Commission can also take the initiative to mediate.

    Patient and the other party expressly refused mediation, not mediation.

    Medical Commission to mediate disputes, shall not collect any fees.

    31st Medical Commission conciliation should adhere to medical disputes between doctors and patients voluntarily, the principle of equality, do not violate the laws, rules, 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, arbitral and other ways to defend their legitimate rights and interests.

    32nd Medical Commission of people's mediators should be fair, good character, with medical, legal expertise and experience in mediation, active in the people's mediation work.

    People's mediators on mediation that patients and medical staff privacy or commercial secrets of the medical institutions have the duty of confidentiality. The people's Government above the county level judicial administrative departments should carry out regular business training for arbitrators.

    Training shall not charge any fee.

    33rd Medical Commission should be established by the relevant medical, pharmaceutical, psychological experts, insurance and legal experts, investigation, assessment and mediation for medical disputes providing technical advice. 34th on medical dispute raised by the parties to the application, the Commission shall, within 3 working days to review.

    Decide to accept, respond in a timely manner the parties; inadmissible, shall notify the parties in writing and state the reasons.

    After the Medical Commission accepts the application for conciliation, it shall notify the parties in mediation to the doctor and patient rights and obligations.

    35th medical dispute under any of the following circumstances apply, medical Commission was inadmissible; has been accepted, and terminate the mediation:

    (A) a party to court proceedings;

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

    (C) the party refuses Medical Commission of conciliation;

    (D) can only be dealt with by the specialized jurisdiction of laws, regulations, or laws and regulations prohibiting the use of people's mediation solution.

    Termination of conciliation, it shall notify the parties in writing and state the reasons. 36th Medical Commission after accepting an application for mediation of medical dispute, may specify 1 or more arbitrators to mediate can also be selected by the parties 1 or more arbitrators to mediate. If necessary, after the consent of the parties, it may invite the NPC deputies and CPPCC National Committee members or the community of people who participate in mediation.

    Mediators put forward a request for disqualification of the party people, after review by the Medical Commission and should be replaced.

    Medical Commission or its management bodies and their heads that should be avoided, you can directly make a decision; arbitrators consider it shall withdraw from the case shall be submitted to the Medical Commission to avoid.

    37th Medical Commission after accepting an application for mediation of medical dispute, people's mediators should give doctors and patients both parties understanding of the relevant facts and circumstances, relevant experts as needed from the parties investigated, verified medical malpractice cases, units or individuals shall cooperate.

    Article 38th of doctor-patient medical Commission mediation in the request of the parties, agreement about payment amount of 100,000 Yuan or more, should be commissioned in accordance with the national and provincial regulations set up to identify the bodies, with clearly defined responsibilities.

    39th Medical Commission shall from the date of accepting an application for mediation mediation ended in the 30th.

    Due to special circumstances need to extend the term of, the Medical Commission and the parties may agree to extend the term of doctors and patients 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. 40th resolve medical disputes by mediation, conciliation agreement shall be made.
The conciliation agreement shall be signed by both doctors and patients of the parties, a seal or fingerprinted after mediators signed and sealed by the Medical Commission after the entry into force.

    Doctor and patient consent to judicial confirmation of the people's mediation agreement, judicial confirmation of the Medical Commission shall assist the parties.

    After judicial confirmation of the conciliation agreement, party decline or failure to perform, the other party may apply to a people's Court for compulsory execution.

    41st after medical disputes, the party concerned may, in accordance with the medical malpractice Bill, local people's Governments above the county level health administrative departments for administrative processing. Identified as medical malpractice, health Administrative Department at the request of the parties of the doctor-patient, medical malpractice compensation mediation.

    Through 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.

    Administrative Department of public health found in the administrative processing of medical institution and its medical staff are in violation of, and shall make a disciplinary or administrative penalties. 42nd medical parties shall conscientiously perform the mediation agreement.

    A mediation agreement between the parties to fulfil or mediation agreement dispute may initiate litigation to the people's Court.

    Parties can also be medical doctors and patients dispute directly to court proceedings.

    The fourth chapter of medical liability insurance

    43rd in public medical institutions in accordance with national and provincial regulations in medical liability insurance.

    Encourage non-public medical institutions voluntarily participating in medical liability insurance.

    44th medical liability insurance the insurer shall follow the principle of guaranteed profit, determined reasonable insurance rates, and over the compensation of medical dispute in different medical institutions implementing the floating rate system.

    45th medical liability insurance the insurer shall determine, inter alia, through public bidding. Article 46th medical institutions participating in the medical liability insurance, the medical liability insurance premiums spending from operating expenses would be covered by medical institutions, in accordance with the provisions included in health care costs.

    According to the income and expenditure two lines management of medical institutions, insurance costs are covered by the financial expenditures.

    Medical institutions shall not participate in the medical liability insurance and to increase the existing fees or disguised burden on patients.

    47th medical liability insurance underwriting agencies based on an insurance contract, assume liability for medical disputes in medical institutions.

    Medical disputes and medical liability insurance, the insurer shall, in accordance with the insurance contract involved in dealing with medical disputes in a timely manner; needs of insurance claims, medical organizations, patients or their close relatives should cooperate with medical liability insurance underwriting agencies and to provide medical malpractice case.

    Medical liability insurance, the insurer shall, in accordance with the insurance contract will be reached by the parties themselves, in accordance with law compensation or the amount of compensation is less than 10,000 yuan agreement, medical Commission reached in the mediation agreement, health administrative departments administrative conciliation agreement, the entry into force of the people's Court mediation books or judgements, as one of the basis for medical liability insurance claims, payment of compensation or compensation payments in a timely manner.

    The fifth chapter legal liability

    48th medical institution has any of the following circumstances, by Department of the people's Governments above the county level health warning shall be ordered to correct serious, practicing license revoked medical institutions, the persons who are directly in charge and other direct liable persons shall be disposed of; constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of these regulations 13th article, diagnosis and treatment beyond the scope of approval and registration;

    (B) in contravention of this article 13th paragraph, medical staff are not medical and health management laws, regulations, rules and standard care clinics, regular training and professional ethics education of medical services;

    (C) in violation of these regulations article 14th, not establishing a medical quality supervision and evaluation system of the medical personnel, medical safety responsibility system, medical care system and internal accountability system to settle disputes;

    (D) violation of the first paragraph of this article 17th, was not in accordance with the requirements of the Administrative Department of health under the State Council, write and keep medical records;

    (E) violation of paragraph II of this article 18th, failing to sealing and unsealing medical records;

    (F) breach of the third paragraph of article 18th, failing to provide medical records copy or copy service and stamped with proof marks on the copy or copies of medical records;

    (VII) in violation of these regulations article 23rd, formulation of medical disputes in emergency preparedness, and reported their practice registration health administrative departments and public security authorities at their place for the record;

    (VIII) violation of the third paragraph of article 29th of this approach, public medical institutions and patients or their close relatives among themselves to pay the amount above 10,000 yuan of medical disputes.

    49th medical personnel have one of the following, by Department of the people's Governments above the county level health warning shall be ordered to correct serious enough to impair the health of the patient or cause of death, revoked his practising certificate constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) disobey 16th article provides that failure to comply with hygiene laws, rules, regulations and norms of care clinics;

    (B) disobey 16th article provides that failing to truthfully inform the patient's condition and medical measures, health risks and medical conditions;

    (C) in violation of these regulations provisions fourth 16th, failing to obtain the consent of patients or their close relatives the implementation of operation, special examination, special treatment and experimental clinical medicine;

    (Iv) in violation of this article 17th paragraph, loss, concealment, falsification or destruction of records.

    50th patients and their close relatives or other person who violates the provisions of this article 22nd, the people's Governments above the county-level public security organs shall punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    51st Medical Commission of the people's mediation work in medical disputes, serious dereliction of duty or discipline, appointed by the unit replaced, disciplined by the duly empowered authorities constitutes a crime, criminal responsibility shall be investigated according to law.

    52nd Governments above county level health, administration of Justice, public security, civil affairs and other departments 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 disciplinary action 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 authority or engages in.

    The sixth chapter supplementary articles 53rd these measures come into force on June 1, 2013.