Interim Measures On The Prevention And Disposal Of Medical Dispute In Shijiazhuang City

Original Language Title: 石家庄市医疗纠纷预防和处置暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351934.shtml

Interim measures on the prevention and disposal of medical dispute in Shijiazhuang city

    (February 21, 2011 in Shijiazhuang city people's Government, the 49th Executive session on February 22, 2011, 174th in Shijiazhuang city people's Government promulgated as of April 1, 2011) Chapter I General provisions

    First for the effective prevention and proper disposal of medical dispute and maintain normal order, safeguard the legitimate rights and interests of patients and medical institution and its medical staff, according to the People's Republic of China and other relevant laws and regulations of the people's mediation law stipulates that this municipality actually, these measures are formulated.

    Second medical institution within the administrative area of the city of medical disputes prevention and disposal procedures apply.

    Article of medical disputes in these measures refers to parties to the medical institution and its medical staff of doctors and patients examination, diagnosis, treatment, care and the result and the reasons, in terms of awareness and accountability of disagreement and dispute.

    Article fourth disposal of medical dispute shall follow the prevention and disposal standard, accessible in a timely manner, the principle of territorial management.

Fifth public health Administrative Department shall perform the duties of supervision and administration of medical institutions, guidance and supervision of medical disputes prevention and disposition work in medical institutions.

Judicial administration according to law, strengthen guidance on medical dispute mediation Committee.

Insurance supervision and Administration Department shall strengthen the supervision and administration of medical liability insurance.

    The public security organ shall strengthen the management of medical institutions of law and order, maintain normal order, according to the acts of disturbing the order of medical.

    Article news media shall comply with the provisions of relevant laws and regulations and abide by professional ethics and objective and impartial coverage of medical disputes, and correctly guide public opinion.

    Seventh article of the city, establishing the medical liability insurance system, medical institutions are encouraged to participate in medical liability insurance. The eighth city and county levels, the establishment of medical dispute mediation Committee (hereinafter "Commission"), are responsible for city and County (City) of medical disputes in the people's mediation work, accept the local operational guidance in the administration of justice sector.

Medical Commission mediation of medical dispute does not charge any fees, work funded by the Government to protect it.

    Medical dispute resolution rules by the Commission in accordance with the People's Republic of China the people's mediation law and relevant provisions of the measures enacted and reported to the judicial administrative departments at the same level.

    Chapter II prevention

    The Nineth administrative departments for public health shall regulate medical practice access, strengthen supervision and management of the medical practice, and improve the quality of medical services medical institutions and medical staff.

Tenth medical institutions shall, in accordance with the relevant provisions of the laws, regulations and rules, establish and improve the quality of medical responsibility for security, medical monitoring and evaluation, such as doctor-patient communication, medical malpractice liability system preparedness and medical disputes.

    A medical institution shall arrange reception sites equipped with dedicated personnel receive patients ' inquiries and complaints.

11th medical personnel should comply with the following provisions:

(A) the health and compliance with laws, rules, regulations and technical specifications;

(B) comply with professional ethics, caring for, loving and respecting patients and patient privacy is protected;

(C) efforts to study business, update knowledge, improve the level of expertise;

(D) in the diagnosis and treatment should be to 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;

(E) 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 authorized, you can immediately implement appropriate medical measures;

    (F) in accordance with the provisions of written records, no concealment, falsification or destruction of medical documents and related articles and information.

12th the patients and their close relatives shall comply with the following requirements:

(A) comply with the regulations of medical institutions;

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

(C) pay according to stipulations;

    (D) after the medical disputes, the law to express their views and requirements.

13th public sector should participate in medical liability insurance, non-public medical institutions may voluntarily participating in medical liability insurance.

The municipal public health Administrative Department may by bidding or otherwise identified to write medical liability insurance insurance agency.

    Operational requirements would be covered by insurance costs from medical institutions, according to the provisions included in the costs of medical care; medical institution shall not participate in the medical liability insurance and to increase the existing fees or de facto increase the burden on patients.

    14th public security organs shall, in accordance with the relevant legal provisions, guidance urged medical institutions in the implementation of security systems, measures and provisions on security work, timely detection and improvement of law and order problems.

    Chapter III report and disposal

After the 15th medical disputes, the medical institution shall promptly report to the local health authority, start the preparedness of medical disputes, and according to the following process:

(A) timely hospital specialists, will consultation to inform patients or patients with close relatives;

(B) in the presence of doctors and patients both parties a common case, according to the provisions of the regulations on the handling of medical accidents sealed or unsealed field related to physical and medical records; (C) patients die within medical institutions, required to move the body peace or the funeral home.

Doctor and patient cannot ascertain the cause of death or the cause of death has objections, according to regulations on the handling of medical accidents autopsy;

(D) inform close relatives of patients or patients of the methods and procedures for disposal of medical dispute, reply or close relatives of patients seek advice and questions;

(E) the patients or patients with close relatives as well as other serious disruption of medical working order do not scatter and alarm to the local public security organs in a timely manner;

(Vi) participation in the medical liability insurance of medical institutions shall faithfully medical disputes in medical liability insurance to provide relevant information;

    (G) the disposal after the disposal of medical dispute report to the Administrative Department of public health, reflect and investigate and deal with cases of medical disputes.

    After 16th medical disputes reported to the administrative departments of public health, shall order the medical establishment to take immediate and effective measures, if necessary, send to the scene to guide and coordinate the disposal that will take both parties to properly solve medical disputes by law.

    The 17th public security organ after receiving the alarm of grave disturbing medical work order shall promptly out, prosecuted.

18th medical disputes, the parties can agree on their resolve to the hospital, where the medical institutions or the Commission for mediation, can also apply to the administrative departments of public health medical malpractice administrative processing, or initiate litigation to the people's Court.

    Medical malpractice claims more than 20,000 yuan, the public agency shall not themselves, should inform patients and their close relatives to a local medical board mediation or medical malpractice administrative processing application to the Administrative Department of public health also may initiate litigation to the people's Court.

19th due to adverse drug reactions or medical device adverse events caused by medical malpractice, medical institutions shall pay the compensation fee according to expert conclusions to the injured party.

    Medical institutions after paying compensation according to law to medicine or medical equipment producers, operators of recovery.

    The fourth chapter mediation and settlement

20th Medical Commission to undertake the following responsibilities:

(A) the mediation of medical dispute;

(Ii) mediation, advocacy-related laws, rules and regulations and medical knowledge;

(C) report to sectors such as health, administration of Justice medical dispute and mediation;

(D) the analysis of the causes of medical disputes and medical dispute precaution advice and recommendations to the medical institutions;

    (V) provision of advisory services relating to medical disputes.

    21st Medical Commission of mediators should be fair, good character, with medical, legal expertise and experience in mediation, and an active interest in mediation of medical dispute.

    22nd Medical Commission should be established by the relevant medical and pharmaceutical experts and legal experts, investigation, assessment and mediation for medical disputes providing technical advice.

23rd Commission application for medical dispute mediation for parties, admissible, shall, within 3 working days to be admissible; not admissible, inadmissible, notify the parties in writing and state the reasons.

    After the Medical Commission accepts the application for conciliation, it shall inform the parties in mediation activities in rights and obligations.

24th medical dispute to the application of any of the following circumstances, medical inadmissibility; has been accepted, terminate the mediation:

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

(B) the party has applied to the administrative departments of public health medical malpractice administrative process;

(C) the party refuses Medical Commission of conciliation;

(D) have medical Commission mediation the mediation agreement is reached, a party for mediation again;

(E) the illegal practice of dispute;

(Vi) other circumstances as stipulated by laws, rules and regulations.

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

25th the mediator has any of the following circumstances shall withdraw, the party also has the right to apply to the Medical Commission withdrawal:

(A) is a party or a party or agent of close relatives;

(Ii) has an interest in medical disputes;

(C) other relationships with the party or agent, may affect the impartiality of the mediation;

    (D) accept the parties or agents treat or gift.

26th article medical adjustable Board accepted medical disputes mediation application Hou, medical patient both party can in medical adjustable Board mediation member list in the their specified one mediation Member, and common specified one Chief mediation member composition medical disputes mediation group for mediation; medical patient both party not specified mediation member or cannot common specified Chief mediation member of, by medical adjustable Board on behalf of specified; party on mediation member proposed avoided requirements of, should be replaced.

    Parties may appoint a lawyer or other representative participating in mediation activities, entrusts an agent to participate in mediation, the principal power of attorney shall be submitted to the Medical Commission. 27th Medical Commission shall accept 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.

Need for medical malpractice, it shall inform the Parties apply for medical malpractice.

    Medical dispute in the mediation process, the parties should provide the Medical Commission of doctors and patients case history, medical information, conclusions, and other evidence, prove that material. 28th resolve medical disputes by mediation, conciliation agreement shall be made.

Seal of the conciliation agreement shall be signed by the parties, or by fingerprint, mediators signed and sealed by the Medical Commission after the entry into force.

    The conciliation agreement reached in accordance with law, the Parties shall conscientiously fulfil. 29th Medical Commission shall accept applications for 30 working days from the date the tune knot.

    Due to special circumstances require extension of mediation, agreed by the parties, can be extended to 30 working days time a mediation agreement has yet been reached, as mediation fails.

    30th medical liability insurance institutions can participate in mediation of medical dispute and assist medical Commission with the medical disputes to receive, investigate, evaluate and claims work. 31st article by consensus by the parties of doctor-patient agreements, medical Commission conciliation the conciliation agreement reached, it should be as a basis for claims of medical liability insurance agency.

Medical liability insurance the insurer shall, in accordance with the insurance contract the insurance liability, file a claim within 10 business days from the date of payment of compensation. Medical liability insurance institution within the 10 working days the payment of compensation, medical agencies shall first advance.

    After the advance compensation of medical institutions may have recourse to medical liability insurance bodies.

    The fifth chapter legal liability

    32nd article violates these rules, staff of the relevant administrative organs in dealing with medical disputes during the abuse, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    33rd medical organizations in violation of this article tenth, 15th the first, second, third, fourth, seventh and 18th paragraph, rectification by the health Administrative Department, overdue change, fined a maximum of 2000 more than 10000 Yuan.

Article 34th medical personnel in violation of the rules of any of the following acts, by the Administrative Department of public health shall be punished according to law, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) violations of administrative rules and regulations or technical operation of health, causing serious consequences;

(B) irresponsible and delayed rescue and treatment of critically ill patients, causing serious consequences;

    (C) concealing, forging or destroying without authorization medical documents and related information.

35th patient, close relatives and other personnel of any of the following acts, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the mob occupied medical institutions or offices, disturbing the order of medical institutions;

(B) refuses or obstructs the bodies moved mortuary, parking at medical institutions the bodies or Park the body affecting the normal order of life and work of medical staff;

(C) implementation of banner, in a Government Office or medical institutions set up mourning, posting posters, placed wreaths, burned paper money, acts such as blocking the door, persuaded invalid;

(D) impede the lawful practice of medical staff, insult or fabricate facts to slander the medical and medical institutions management personnel, threats, beatings and medical staff and medical institution managers, managers liberty or violation of medical personnel and medical institutions, interfering with normal work and lives of medical staff;

    (E) intentionally damaging the equipment of medical institutions, property and vital documents.

    The sixth chapter supplementary articles

    36th in the administrative area of the city of centers for disease control, family planning services in medical disputes that occur in the course of performing their duties, in accordance with the measures implemented. 37th article of the rules as of April 1, 2011.