Nanchang Medical Disputes Prevention And Solution

Original Language Title: 南昌市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/201204/20120400367267.shtml

Nanchang medical disputes prevention and solution

    (August 27, 2011 in Nanchang city people's Government, the 11th Executive meeting November 19, 2011 144th Nanchang city people's Government promulgated as of December 26, 2011) Chapter I General provisions

    First in order to prevent and handle medical disputes, protect the legitimate rights and interests of both doctors and patients, maintaining order, in accordance with the People's Republic of China people's mediation law, the People's Republic of China the tort liability law, the State Council regulations on the handling of medical accidents and other provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second medical disputes in these measures refers to a medical institution and its medical staff and patients and their next of kin on health behaviour and the results and the reasons, in terms of awareness and accountability of disagreement and dispute.

    Article of medical disputes prevention and treatment within the administrative area of the city, these measures shall apply.

    Article fourth of medical disputes prevention and treatment should adhere to the priority prevention, mediation, equality and justice, the principles of convenience and shall be handled in a timely manner.

    Fifth of municipal health departments are responsible for guiding, supervising medical disputes prevention and treatment work in medical institutions in the City; County and regional health authorities are responsible for guidance and supervision within the administrative area of medical disputes prevention and treatment work in medical institutions.

    Departments are responsible for the administration of Justice to guide the work of people's mediation of medical dispute.

    Public security organs shall be responsible for investigating acts interfering with the normal order of, supervision and guidance of medical institutions within the security.

    Letters, home, finance and other departments shall, in accordance with their respective responsibilities of medical disputes prevention and treatment work.

    Article sixth unit where patients and patients residing in the County (district) and township (town) people's Government, the streets, the village (neighborhood) committees, shall cooperate with the medical disputes prevention and treatment work.

    Article seventh city, County set up dispute mediation Committee (hereinafter referred to as doctors) is responsible for the administrative work of people's mediation of medical dispute, its funding and subsidy costs of the arbitrators by the financial guarantee.

    Medical-medical dispute in mediation does not charge any fees.

    Article eighth public medical institutions shall, in accordance with the relevant provisions in the medical liability insurance, promote other medical institutions in medical liability insurance.

    Chapter II prevention

    Nineth public health departments should standardize practice access of medical institutions, strengthen the supervision and administration of medical institutions and medical staff, urged medical institutions to improve medical service quality and ensure safety.

    Tenth medical institutions shall, in accordance with the relevant provisions of the laws, rules and regulations, strengthen management, enhance the level and quality of medical services.

    11th medical institutions shall establish and improve the medical quality supervision and evaluation system, doctor-patient communication system, security system, medical personnel accountability relating to medical disputes prevention and treatment system.

    Medical institutions shall set up patients ' reception sites, with specialized personnel, receive inquiries and complaints of the patient or his close relatives.

    12th medical disputes in medical institutions should develop emergency response plans, and reported to the local health authorities and the public security organ for the record.

    13th medical institution and its medical staff in medical activities shall abide by medical and health management laws, rules and regulations and medical nursing standard, conventional, and comply with the following requirements:

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

    (B) in medical activities shall explain to the patient's condition and medical measures, you need to implement operation, special examination, special treatment, should be explained to patients in a timely manner medical risks, alternative health care, and so on, and has obtained the written consent should not be explained to patients should be indicated to the close relatives of the patients and obtain their written consent.

    (C) rescue dying patients, such as emergency, unable to obtain views of the patient or his close relatives, approved by the head of the head of the medical institution or its authorized, appropriate medical measures could be implemented immediately.

    (D) write medical records in accordance with regulations, shall not be concealed, tampered with, falsified or destroyed medical records.

    14th patients and their close relatives shall comply with the following requirements:

    (A) compliance with medical institutions management system;

    (B) address condition to the medical staff, with the screening, diagnosis, treatment and care by medical personnel and asked to sign the informed consent of the relevant written material;

    (C) the payment of medical expenses in accordance with regulations;

    (D) disagrees with the medical action, according to law to express their views and demands.

    Chapter III the disposal

    After 15th medical disputes, disposal medical institutions shall, in accordance with the following provisions:

    (A) disputes the medical organization expert consultation or discussion, discussion and consultation or inform the patient or his close relatives.

    (B) together with the patient or his close relatives to the scene real and relevant medical records are sealed and unsealed.

    (C) patients died in the medical institution, carcasses should be immediately moved the mortuary or other statutory mortuary site; close relatives of the deceased to death have objections or both doctor and patient cannot determine the cause of death, a close relative of the deceased agreed to and signed in accordance with the provisions of the autopsy.

    (D) inform the patient or his close relatives about methods and procedures for disposal of medical dispute, response advice and questions of the patient or his close relatives, guide the patient or his close relatives to solve disputes between doctors and patients agree to resolve medical disputes, it shall notify the patient or his close relatives to nominate not more than 3 representatives participated in the consultations.

    (E) participation in the medical liability insurance, medical liability insurance to provide medical malpractice situation.

    (F) disposal of medical dispute need to activate emergency response plans, and take measures, in accordance with the plan and prevent the situation from expanding.

    Article 16th medical disputes, doctors and patients should be resolved through consultation, negotiation, shall apply for selecting doctors for mediation or other lawful means.

    Compensation of more than 20,000 yuan, the public agency shall not themselves.

    17th the patients and their close relatives and other relevant personnel to any of the following circumstances, the medical institution shall immediately report to a public security authorities at their place, and shall promptly report to the health authorities in accordance with the provisions of:

    (A) the mob occupied medical clinic, Office space;

    (B) medical clinic, Office pulling banners, set Hall, burning, placed wreaths, distributed leaflets, displayed posters, contain the normal medical channels;

    (C) refuses to move the bodies statutory mortuary mortuary or other places, body to body threatened parked in public medical institutions, hinder the authorities in accordance with the provisions;

    (D) seizing medical records and medical dispute-related exhibits;

    (E) insults, threats, intimidation, mobbing, beat medical personnel, or unlawful restriction of liberty medical personnel;

    (F) the destruction of medical information, medical equipment and other medical facilities;

    (VII) other acts that disturb the normal order.

    Article 18th after police received a warning from medical institutions, disposal shall, in accordance with the following provisions:

    (A) Organization of police rushed to the scene immediately;

    (B) educational guidance, advised by medical-legal means such as mediation to solve, maintain normal order;

    (C) refusing to listen to advice, should be according to the scene to take compulsory measures to stop the excesses, restore normal order.

    Public security organs should develop the medical dispute solution for police.

    After 19th medical disputes reported to the health authorities, should guide the medical establishment to take immediate and effective measures to dispose of, sent to the scene to guide and coordinate the disposal work, boot properly solve medical disputes between doctors and patients in accordance with, and with the public security organs and prevent the situation from expanding; cannot effectively prevent the situation from expanding, it shall promptly to the local County (district) people's Government report.

    20th district (district) after the medical dispute in Department of Health reported to the Government, should take timely measures to start emergency preparedness of medical dispute according to law, unified disposal of medical dispute the leadership job.

    To participate in disposal of medical dispute-related departments and units should be in accordance with the provisions of medical disputes in emergency preparedness, subject to the unified command, carry out their respective duties.

    21st patients and their close relatives and personnel units and residence of counties (districts) and township (town) people's Government, the streets, the village (neighborhood) Committee should actively cooperate with, assign the relevant personnel to the field of medical disputes in grooming, dissolve and return to work.

    The fourth chapter mediation 22nd the arbitrators by the doctors of the medical member staff and doctors be employed.

    Doctors should establish and publish people's mediators roster.

    People's mediators should be impartial, of good character, has a medical or legal expertise and experience of people's mediation, and enthusiastic about the people's mediation work.

    23rd doctors will apply in medical disputes between doctors and patients, is admissible, shall, within 3 working days to be admissible; not admissible, notify the parties in writing and state the reasons.

    After the doctors will accept an application for mediation shall inform the parties in mediation activities in the enjoyment of the rights and obligations of.

    24th medical dispute to the application of any of the following circumstances, doctors will not be considered; has been accepted, and terminate the mediation:

    (A) the party refuses medical mediation;

    (B) one of the parties to the court proceedings;

    (C) the party has applied to the Department of health medical malpractice administrative process;

    (D) the illegal practice of dispute;

    (E) parties to choose other legal means to solve.

    Termination of conciliation, it shall notify the parties in writing and state the reasons.

    25th after the doctors will accept an application for mediation of medical dispute, you can specify from 1 to 5 members of the people's mediation the mediator, can also be selected in the roster of arbitrators by the parties between 1 and 5 people's mediators in conciliation.
Parties have the right to avoid demands on people's mediators.

    Parties may appoint a solicitor or other agent to participate in mediation, the principal shall be submitted to the medical power of attorney.

    26th medical should be accepting the mediation of medical dispute within 7 working days from the date of filing, respectively, to the understanding of the relevant facts and circumstances of the parties, and based on the victim's request, investigation, verification, assessment.

    Medical dispute in the mediation process, arbitrators need access to medical information, advice or ask to the persons concerned and relevant units and personnel should be given support. 27th medical mediation to solve disputes, mediation agreement shall be made.

    Seal of the conciliation agreement shall be signed by the parties, or by fingerprint, signed by the arbitrators and sealed by the doctors from the date of entry into force.

    The conciliation agreement reached in accordance with law, legally binding, the Parties shall, in accordance with the mediation agreement.

    Doctors should monitor the implementation of the settlement agreement, and urged the parties to implement the Convention's obligations. 28th medical medical dispute in mediation should be within 30 working days from the date of acceptance of the mediation is completed.

    Due to special circumstances need to extend the term of doctors and parties may agree to extend the term over an agreed period a mediation agreement has yet been reached, as mediation, mediation shall be terminated.

    Article 29th after mediation by the doctors reach a mediation agreement, both parties consider it necessary, May 30th after the effective date of the mediation agreement together to the Court for judicial confirmation.

    Court confirmed conciliation agreements effective party decline or failure to perform, the other party may apply to a people's Court for compulsory execution.

    Court confirm the mediation agreement is invalid, the parties may by doctors will change the original mediation agreement or reach a new settlement agreement, or you can initiate litigation to the people's Court. Article 30th between doctors and patients apply for medical-mediation, the medical institution shall promptly notify the relevant medical liability insurance agency.

    Medical liability insurance the insurer receives notice of medical institutions shall, without delay and in accordance with the medical liability insurance contract held liable for insurance liabilities.

    The fifth chapter legal liability

    31st article violates these rules, medical institutions and personnel of any of the following acts, the health authority shall order rectification in serious cases, the persons in charge and other direct liable persons shall be given administrative sanctions:

    (A) in accordance with the provisions establishing and perfecting the system of medical disputes prevention and treatment;

    (B) in accordance with the provisions of medical disputes in emergency preparedness;

    (C) in accordance with the provisions inform the patient, medical practices and health risks;

    (D) in accordance with the provisions agreed by the patient or his close relatives operation, special examination, special treatment;

    (E) written in accordance with the provisions of medical records;

    (F) medical dispute occurred, do not activate emergency response plans or to be disposed of in accordance with regulations;

    (G) report to the health authorities in accordance with the provisions of medical disputes;

    (H) the behavior of others given administrative sanctions according to law.

    32nd breach of these measures, the patient or his close relatives and associates of any of the following acts, the public security organs in accordance with the punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the mob occupied medical clinic, Office space;

    (B) medical clinic, Office pulling banners, set Hall, burning, placed wreaths, distributed leaflets, displayed posters, contain the normal medical channels;

    (C) refuses to move the bodies statutory mortuary mortuary or other places, body to body threatened parked in public medical institutions, hinder the authorities in accordance with the provisions;

    (D) seizing medical records and medical dispute-related exhibits;

    (E) insults, threats, intimidation, mobbing, beat medical personnel, or unlawful restriction of liberty medical personnel;

    (F) the destruction of medical information, medical equipment and other medical facilities;

    (VII) other acts that disturb the normal order.

    33rd article violates these rules, people's mediators in the mediation of medical dispute in, any of the following acts, criticized by the medical education, shall be ordered to correct, if the circumstances are serious, shall be removed from Office or dismissed in accordance with law:

    (A) favour one of the parties;

    (B) the insulted party;

    (C) to ask for or accept property or seek any other illegitimate benefits;

    (D) the divulging of personal privacy or commercial secrets.

    34th article violation this approach provides, health, and judicial administrative, and police, sector and about County (district) and Xiang (town) Government, and subdistrict offices, and village (home) people Committee and staff in medical disputes prevention and processing work in the negligence, and abuse, and engages in of, on has responsibility of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal.

    The sixth chapter supplementary articles 35th article of the rules take effect on December 26, 2011.