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Prevention Of Medical Disputes In Hunan Province And Solutions

Original Language Title: 湖南省医疗纠纷预防与处理办法

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Prevention and treatment of medical disputes in Southern Lakes

(Summit No. 117 of 30 October 2012 of the Government of the Southern Province to consider the publication, effective 1 February 2013, of the Decree No. 263 of 20 November 2012.

Chapter I General

Article 1, in order to effectively prevent and deal with medical disputes, protect the legitimate rights and interests of the health-related parties, preserve the medical order and develop this approach in line with the relevant laws, regulations.

Article 2 deals with medical disputes as described in this approach, which refers to disputes arising from medical conduct by the medical parties.

Article 3. Prevention and treatment of medical disputes within the territorial administration and the application of this approach.

Article IV. Prevention and treatment of medical disputes should be guided by the principle of territorial management, prevention of ownership, legal treatment and objectivity.

Article 5 Governments at all levels should strengthen their leadership in the prevention and treatment of medical disputes, establish a coordination mechanism for the prevention and treatment of medical disputes and coordinate key issues in the prevention and treatment of medical disputes.

The Government's health administration should be guided by law, coordinate and monitor the prevention and treatment of medical disputes by medical institutions.

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

The executive branch of the administration of justice at the district level should strengthen the guidance on the mediation of the people of medical disputes and play a full role in institutionalizing medical disputes and promoting social harmony.

The authorities of the above-mentioned people at the district level should visit, civil affairs, finance and other sectors, in accordance with their respective responsibilities, to prevent and deal with medical disputes.

Article 7 establishes a system of popular mediation for medical disputes.

The People's Conciliation Commission at the premises of the medical institutions should establish a special committee on the mediation of the people of medical disputes. Specific organizational modalities of the People's Conciliation Commission for Medical Disputes, the scope of the dispute and the conciliation process are governed by the Ministry of Justice of the Provincial Government and the Health Administration under the People's Mediation Act of the People's Republic of China.

Medical disputes shall not be charged with any expenses. Its requirements for work, subsidies for the work of the people mediators, mediation of workplaces and facilities are addressed by an integrated financial arrangement at the district level.

Article 8.

In support of insurance companies, medical responsibility is at risk.

The Government's health administration at the district level should encourage and guide health-care institutions in order to protect health responsibilities.

Medical liability insurance costs are taken into account in the operating costs of medical institutions. Medical institutions may not increase the burden of patients owing to the risk of insurance medical liability.

Article 9

Article 10 Governments at all levels, the relevant sectors of the population at the district level should strengthen health legislation awareness-raising and health-care education, leading to public health-care risks.

The media should adhere to professional ethics and objective and impartial coverage of medical disputes and play the right role in the oversight of opinion.

Chapter II Prevention

Article 11

Article 12 Medical institutions should strengthen professional ethics education and operational training of medical personnel, establish systems for monitoring and evaluation of the quality of medical care, health safety responsibilities and excessive accountability.

Article 13 medical institutions should establish mechanisms for the communication of health patients, establish counselling complaints, receive and handle counselling, complaints from patients, close relatives or their agents.

The counsellors should be listened carefully, as reflected by the counsellor. The record of the complaint is subject to confirmation by the author of the complaint or by chapter G.

Counselling complaints that can be dealt with at the moment should be dealt with at the same time; they should not be dealt with at the time, be transferred to the appropriate section or to appoint the person concerned to be processed within the prescribed time, and the results were handled by counsellors to feedback the counselor.

Article 14. Medical personnel should comply with the following provisions in medical activities:

(i) Compliance with health-management laws, regulations, regulations and regulations and the norms of care for medical treatment.

(ii) To adhere to the professional ethics of medical services, care, respect for patients and protect the privacy of the patient; to improve the level of services and to ensure the quality of the medical care due to sickness, reasonable medical treatment.

(iii) To respond to their counselling and to mental evacuations if the patient is informed of the conditions of illness, medical measures, medical risks, etc., and to the extent that the patient may have adverse consequences, it should be informed that the patient's close relatives or his or her agent are informed.

(iv) There is a need to implement surgery, special inspections, special treatment, experimental clinical treatment, with the written consent of the patient; it is not possible or inappropriate to make a statement to the patient, and to obtain written consent. In emergencies such as patients with life-threatening risk cannot obtain the views of the patient, the close relatives of the patient or their agent, and with the approval of the head of the medical institution or the authorized authority, the appropriate medical measures can be implemented immediately.

Article 15. Medical personnel shall not have:

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

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

(iii) Exhibition, misleading or exaggeration;

(iv) The intentional use of therapeutic technologies and medicines that are inappropriate for disease;

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

(vi) The receipt of the patient, the close relatives of the patient or their agents;

(vii) Receives and inputs from medical equipment, drugs, probationary agents, businesses or persons.

Article 16 Medical institutions and medical personnel should write and maintain the medical material in accordance with the provisions of the Department's Health Administration.

Removal of acute-risk patients has not been able to write a medical calendar in a timely manner, and the medical personnel concerned should be filled for a period of six hours after the rescue.

Article 17 patients, close relatives of patients or their agents have the right to reprint or replicate inpatients, medical orders, inspection reports, operations and inter-drug records, medical records, medical expenses and other medical material provided by the Department of State Health Administration.

The patient, the close relatives of the patient or their agents require the reproduction or reproduction of the material provided for in the preceding paragraph, and medical institutions should provide photocopy or reproduction services and be added to the photocopy or reproduction. In reproduction or reproduction, patients, close relatives of patients or their agents should be present.

Medical institutions may collect work fees in accordance with the standards set by the provincial government price authorities, either by patients, close relatives of patients or by their agents.

Article 18

(i) Respect medical order and respect medical personnel;

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

(iii) Payment of medical expenses as prescribed;

(iv) There is no compelling requirement for medical institutions and medical personnel to carry out medical acts that go beyond their ability to manage and operate;

(v) Other obligations to be performed by law, regulations and regulations.

Chapter III

The Government's health administration and medical institutions at all levels should establish a system of reporting on sound medical disputes.

In the event of major medical disputes, medical agencies should report in a timely manner on the Government's health administration at the district level.

The health administration has received reports and should be informed in a timely manner, and the medical agencies have taken measures to control events and resolve disputes. Where necessary, the health administration should be assigned on-site guidance and participation in the treatment of medical disputes.

Article 20 medical institutions should establish major medical dispute response scenarios and report back to the Government's health administration and public security authorities at the district level.

Medical disputes that seriously affect the medical order or may trigger other major emergencies should be launched in a timely manner and reported to the public security authorities and the relevant departments.

After the report was received by the public security authorities, the law should be brought to justice, educational evacuations and the timely suppression of violations. Other relevant departments should work in accordance with their responsibilities under the Health Dispute Prevention and Treatment Coordination Mechanism of the People's Government.

Article 21 Medical institutions should establish systems for the handling of sound medical disputes.

Medical institutions should establish a medical dispute resolution body or be staffed with a medical dispute handling service to clarify the responsibilities of medical agency heads, heads of departments and medical personnel in the handling of medical disputes and regulate the procedures for dealing with medical disputes.

In the event of a medical dispute, the following measures should be taken by the medical body, according to the circumstances:

(i) The treatment of medical disputes and the immediate reception of patients, close relatives of patients or their agents, listening their views and informing them of the means, methods and procedures for dealing with medical disputes. Where necessary, the heads of medical institutions should receive and listen personally.

(ii) In conjunction with patients, close relatives or agents of the patient, or in-kind. Contained information, in kind maintained by medical institutions, shall not be altered, forged, concealed, destroyed and abandoned.

(iii) Organizing experts to attend or analyse the discussions and will consult or analyse the results of the discussions and address the views of patients, close relatives of patients or their agents.

(iv) The patient's death in a medical institution and the transfer of the body within two hours to an inter-committee or bracket; it is not possible to determine the causes of death, the close relatives of the deceased or their agents objecting to the death, and to carry out a mortuary and body in accordance with the provisions of the State Department's Medical Accident Control Regulations.

Article 23. The patient, the close relatives of the patient or his agent shall be lawfully expressed and requested without the following acts:

(i) The seizure, theft, damage to the material, archives, theft and destruction of medical facilities, facilities;

(ii) To humiliate, defamation, threat, beating medical personnel, limit the physical liberty of medical personnel and impede the normal work or life of medical personnel;

(iii) Instructions, posters or scripts in medical institutions, distribution of leaflets, manufacture of noise, blocks, occupiers, use of obscenes, burning of paper money, loctation, seizure of bodies, violations;

(iv) Other acts that disrupt the medical order and violate the management of the security sector.

Article 24 takes place with regard to medical disputes and the parties should resolve them in a real and equitable manner.

The health-related parties may give up to five representatives to the consultations.

Consultations should be conducted in places other than medical institutions or in places outside medical institutions, without prejudice to the normal order of medical institutions.

Article 25

(i) Applications for conciliation by the People's Mediation Commission for Medical Disputes;

(ii) Applications for mediation by the health administration or other relevant bodies;

(iii) Applications for administrative handling of medical accidents in the health administration;

(iv) To prosecute the People's Court;

(v) Other legitimate dispute resolution means.

Medical institutions should publish, in their places of reception, the avenues for resolving medical disputes, procedures and the responsibilities, addresses and contact of the relevant agencies, such as the Health Administration, the People's Conciliation Commission for Medical Disputes.

Article 26 requires the people to mediate the resolution of medical disputes and shall apply for the mediation of the People's Conciliation Commission for Medical Disputes at the seat of the medical institution. The People's Conciliation Commission for Medical Disputes may also act as mediation.

The parties to the medical service may entrust a lawyer or other agent to engage in mediation. The licensed counsel or other agent shall submit a letter of authorization to be entrusted to the People's Conciliation Commission for Medical Disputes.

Article 27, Conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes, should uphold the principles, sensitization and objective impartiality and timeliness.

People mediators should fully listen to the parties' presentations, patience and policy, patience, dispute resolution based on the parties' equal consultation and mutual tolerance, and help parties to enter into mediation agreements on a voluntary basis.

Article 28 People's Conciliation Commission for Medical Disputes to mediate medical disputes requires access to medical information, advice or inquiries concerning experts and persons concerned, and the relevant units and personnel should be synchronized. Medical accident technical identification needs to be conducted and the parties should be informed that they apply for medical accident technical identification.

The People's Conciliation Commission for Medical Disputes and the People's Mediator have confidential obligations with respect to personal privacy and commercial secrets of the parties informed in the mediation process.

Article 29 establishes mediation agreements by conciliation and shall produce conciliation agreements that shall enter into force upon signature by the parties, by chapter or by means of tactic, by the signature of the People's Mediator and by the seal of the People's Conciliation Commission for Medical Disputes. Both parties may apply to the People's Court for judicial recognition within 30 days of the entry into force of the mediation agreement.

Article 33 The treatment of medical disputes by the parties concerned through administrative mediation, administrative handling of medical accidents, litigation or other lawful means, is carried out in accordance with the relevant laws, regulations.

Article 31 of the medical disputes that have already been encumbered by a medical institution that has been in the risk of insurance should be notified in a timely manner to the insurance company and the insurance company should be involved in the treatment of medical disputes. In need of compensation, insurance companies should be paid in a timely manner in accordance with the agreement of the insurance contract.

Chapter IV Legal responsibility

Article 32 does not seriously perform the preventive and handling duties of medical disputes, resulting in numerous instances of medical disputes arising from the fault of medical institutions in the present administration, causing serious adverse social consequences and administrative disposition by the inspectorate against the competent and other direct responsible personnel directly responsible; accountability in the form of accountability.

In violation of this approach, the Health Administration has one of the following cases, either by the superior administrative body or by the relevant department responsible, and in the event of serious gravity, by giving administrative treatment to the competent and other directly responsible personnel directly responsible, in accordance with the law; and constitutes a crime, criminal liability is prosecuted in accordance with the law.

(i) It was found that the offences committed by medical institutions, medical personnel were not investigated;

(ii) In cases where requests for administrative mediation of medical disputes, medical accident disputes are not dealt with in a timely manner by law;

(iii) Access to reports of medical disputes and non-transfer in a timely manner, causing serious adverse social impacts;

(iv) The failure to perform supervisory duties and the numerous instances of medical disputes caused by the mismanagement of medical institutions;

(v) Other acts of negligence, favouring private fraud and abuse of authority.

Article 34, Public security, justice, correspondence, civil affairs, etc.-related sector staff play a role in the prevention and treatment of medical disputes, in favour of private fraud, abuse of their functions, and in accordance with the law, in which they constitute crimes, and in accordance with the law.

Article XV, in violation of this approach, provides that one of the following cases is changed by the executive officer responsible for health; in serious circumstances, administrative or disciplinary measures are granted to the competent and other direct responsible persons directly responsible:

(i) Managing confusion, with severe accidents and affecting medical safety;

(ii) The absence of a counselling complaints reception facility or the absence of a counsellor to receive and handle counselling, complaints;

(iii) The denial of photocopy for patients, the reproduction of medical material or the denial of photocopying and reproduction of material;

(iv) No medical pre-emption and treatment system has been developed;

(v) The occurrence of medical disputes, the lack of timely reporting or the absence of a provision for the commencement of emergency preparedness cases;

(vi) No information on the custody, seizure or seizure of illnesses, in kind, is provided.

In violation of this approach, medical personnel have one of the following acts, which are sanctioned by the Health Administration in accordance with the relevant laws, regulations and regulations, such as the Law on the Practice of the People's Republic of China, the People's Republic of China's Drug Control Act, the State Agency's Nurses Regulations:

(i) In violation of the laws, regulations, regulations, or the norms and regulations governing the treatment of health care, which have serious consequences;

(ii) Disclosure of the personal privacy of the patient, resulting in serious consequences;

(iii) Acquired clinical medical treatment for patients without the consent of the patient, the close relatives of the patient or his agent;

(v) Harmonization, concealment, falsification, destruction and abandonment of material;

(vi) To request, unlawful receipt of patients, close relatives of patients or their agents;

(vii) Received and extractive from the production, such as the illicit receipt of medical equipment, medicines, probationary agents or persons.

In the case of medical accidents by medical institutions, the health administration, in accordance with the State Department's Medical Accident Control Regulations, has given a warning of the gravity of the circumstances in which it is responsible for the duration of the period until the suspension of the licence of the operation; the administrative or disciplinary disposition of the responsible medical personnel by virtue of the law and may be responsible for the suspension of the operation for more than six months, in the event of serious circumstances, the dismissal of its certificates of occupation, which constitute a crime and the prosecution of criminal responsibility by law.

Article 338, close relatives of patients or their agents, is punishable by law by public security authorities, in violation of article 23 of this approach; constitutes a crime and is criminally prosecuted by law.

Other personnel use medical disputes by organizing, participating in pre-defined acts and punishing them in accordance with the preceding paragraph.

Article 39, the facilitators of the people were treated under the People's Mediator Act of the People's Republic of China in the course of mediation of medical disputes, in favour of private fraud, claims or unlawful receipt of property, disclosure of personal privacy or commercial secret.

Chapter V

Article 40 Prevention and treatment of medical disputes by public health institutions within the province's administration, family planning technology services, which is applicable.

The treatment and treatment of medical disputes by the military, the VA police station, can be carried out in the light of this approach.

The medical institutions in places such as a watchdog, a detention facility, an education institution, a labour correction facility, a forced isolation and a prison are subject to medical disputes by their authorities.

Medical disputes occur in the area of regulation within the medical institution, which is dealt with in the light of the scheme.

Article 42