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Guiyang Medical Disputes Prevention And Treatment Approaches

Original Language Title: 贵阳市医疗纠纷预防与处理暂行办法

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Prevention and treatment of provisional methods of medical disputes in Hindu

(Summit of Hygiene 12 April 2011 to consider the adoption of Decree No. 4 of 25 July 2011 by the Government of the Hygiene People, which came into operation effective 1 October 2011)

Chapter I General

In order to effectively prevent and deal with medical disputes in a timely and efficient manner, to protect the legitimate rights and interests of medical patients, to maintain a medical order and to develop this approach in line with the relevant laws, regulations and regulations.

Article 2. This approach applies to the prevention and treatment of medical disputes arising from medical institutions and family planning services in the administration of the city (hereinafter referred to as medical institutions).

The treatment referred to in this approach refers to disputes arising from differences in treatment, care and results of medical institutions and their causes, responsibilities and compensation.

Article 3. Prevention and treatment of medical disputes should be guided by the principle of people-centred, fair, timely and efficient treatment.

Article IV. The health administration should perform its oversight functions in accordance with the law to prevent and deal with medical disputes.

Article 5 The health administration should promote the establishment of a medical dispute mediation body to manage medical disputes. The approach of the work of the Committee on Medical Dispute Conciliation was further developed.

Article 6. Medical institutions should establish reception facilities for patients and receive counselling and complaints.

Medical institutions should participate in medical liability insurance in accordance with the relevant national provisions. The health administration should encourage medical institutions to participate in the health liability insurance.

Article 7. The right to life, the right to information and the dignity of the person is protected by law.

Those units, grass-roots popular self-government organizations, the people of the local town and the street offices should cooperate with the treatment of medical disputes.

Article 8. Public information units and their staff should comply with the provisions of the relevant laws, regulations and regulations, adhere to professional ethics, seek objectivity and impartiality, avoid misstatement and exercise the right role of opinion oversight.

Chapter II Prevention of medical disputes

Article 9. The health administration should strengthen the monitoring and management of the operation of medical institutions, promote health institutions and medical personnel to improve the quality of medical services, guarantee medical safety and protect patients' rights.

Article 10. Public security authorities should strengthen the security management of medical sites, develop and improve working norms, identify procedures and methods for the handling of work on the ground and deal with offences arising from medical disputes by law.

Article 11. Medical institutions should develop regulations that improve their management, improve the quality and service levels of medical services, ensure medical safety and prevent medical disputes, in accordance with relevant laws, regulations and regulations.

Article 12 Medical institutions should establish pre-removal cases for medical disputes, establish mechanisms for the prevention of treatment of medical disputes, and report on the location's health administration and related sector clearances.

Article 13 Medical personnel should comply with the following provisions to prevent the occurrence of medical disputes:

(i) Compliance with health-care laws, regulations, systems and technical operational norms;

(ii) To establish a spirit of professionalism, respect for professional ethics, increase responsibility, care and care for patients, maintain their dignity and protect the privacy of patients;

(iii) Research operations, updating knowledge and upgrading the level of professional technology;

(iv) If the patient or his family is informed of the patient's condition, medical measures, medical risks and medical expenses, and to respond promptly to her counselling;

(v) In accordance with the provisions, the written and custody of the material of the disease shall not be concealed, forged or destroyed by medical instruments and information.

Article 14.

(i) Be vigilant in respect of and maintenance of public order in medical institutions;

(ii) Coher with medical staff for diagnosis, treatment and care;

(iii) The payment of medical expenses at specified time;

(iv) After a medical dispute, a complaint or application for conciliation is provided under this scheme.

Chapter III Reporting system on medical disputes

Article 15. Medical institutions shall report medical disputes to the health administration as prescribed, without concealment, suspension and false reporting.

Article 16 patients have found that medical personnel violate the rules of medical treatment procedures and technical operation and violate the rights and interests of the patient and should be reported in a timely manner to medical institutions or the health administration.

Article 17 Medical personnel should report to the medical institutions in a timely manner. The persons who have received reports should take immediate steps to prevent the expansion of events and to verify them as prescribed.

In one of the following cases, medical institutions should immediately inform and retain evidence to public security authorities:

(i) The treatment of bodies in violation of the provisions of the burial management and the unlawful possession of medical institutions for medical treatment, office premises;

(ii) The intentional damage or theft of important information, such as the property of medical institutions, equipment and the medical file;

(iii) Obstacles the legal profession, insults, defamation, threats, beating medical personnel or violations of the liberty of medical personnel;

(iv) There are other serious implications for the medical order.

Chapter IV Treatment of medical disputes

When a medical dispute arises, the medical body shall initiate the processing of a medical dispute and address it in accordance with the following procedures:

(i) To take control measures to prevent the expansion of events, to communicate the medical advice of hospital experts to patients in a timely manner and to report to the superior health administration, in accordance with the responsibilities set out in the case;

(ii) To inform victims of the manner and procedures in which they deal with medical disputes, to respond to advice and questions from the victims and to lead them to resolve disputes in accordance with the law;

(iii) In the case of co-acquisitions, in accordance with the Medical Accident Control Regulations, the seizure and seizure of on-site and related medical material;

(iv) The death of the patient within the medical institution, by providing for the removal of the body to the ACP or to the vincial. No one may determine the causes of death or the grounds for the death or death, which shall be subject to a mortuary under the medical accident treatment regulations;

(v) Consultations between the parties to resolve medical disputes should be conducted in specialized facilities of medical institutions. The high number of people living in the street should be allowed to consult representatives and not more than five representatives;

(vi) Upon disposal, reports on the disposal of medical disputes are submitted to the health administration, such as the actual reflection of the occurrence of medical disputes and the investigation, processing.

Article 20 should be dealt with in accordance with the following procedures, following a report on medical disputes received by the health administration:

(i) To inform medical institutions of timely measures to prevent the expansion of events and, where necessary, to carry out on-site visits;

(ii) actively pursue policy advocacy and educational evacuations, leading to the proper resolution of disputes by both health-care providers;

(iii) The parties apply for medical accident identification, in accordance with the medical accident-processing regulations and related provisions.

Article 21, after the public security authorities have received a police officer on medical disputes, the following procedures should be addressed:

(i) Immediately organize police strengths to go to the field;

(ii) Undertake educational evacuations to end the outbreak of laser behaviour and to maintain a medical order;

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

(iv) Removal of bodies by law, in line with relevant sectors such as health, civil affairs, and clean-up sites.

(v) In violation of the provisions of the burial management, there should be an immediate halt to the severe penalties imposed by law for the administration of justice.

In the aftermath of the second article, the amount of compensation is €10,000 (with the amount of US$ 1 million) and the parties may consult on the settlement of the dispute award; the amount of compensation is more than 1 million, must be applied to the conciliation of the Medical Dispute Conciliation Commission; and the medical institutions participating in the medical liability insurance should notify, in a timely manner, the insurance agencies responsible for the payment of compensation in the treatment of medical disputes.

When a medical dispute arises, the parties may apply for mediation to the district-level Medical Dispute Conciliation Commission at the medical facility's location; to the Municipal Medical Dispute Conciliation Commission, which causes the death of patients and severe disability. In accordance with the conditions of admissibility, the Medical Dispute Conciliation Commission should be admissible in a timely manner. Medical accident technical identification is needed and the parties should be informed of the application of medical accident technical identification.

The Medical Dispute Conciliation Commission shall be closed within 30 days of the date on which mediation is admissible; the conciliation shall be closed within 10 days if the findings are to be awaited. The failure to be completed has been considered to be unconclusive and the parties agreed to extend.

The delay in mediation has not been successful and is led by the Medical Dispute Conciliation Commission to enter legal proceedings.

When a medical dispute arises, the parties may su directly to the People's Court. The parties have brought proceedings before the courts and the Medical Dispute Conciliation Commission is no longer admissible for processing or conciliation; the conciliation should be terminated.

Article 25, in consultation with the parties to the medical dispute, agreement on the mediation of the Medical Dispute Conciliation Commission, conciliation by the People's Court or decision of entry into force, the insurance body responsible for the award shall pay compensation in accordance with the agreement or the judgement.

Chapter V

Article 26 The Health Administration and its staff are in breach of this approach and are not in the right performance of their duties or duties, and are held accountable by the occupying Power, the inspectorate or other authority.

In violation of the provisions of this approach by medical institutions and their staff, the laws and regulations such as the Law on Practitional Doctors, the Medical Accident Control Regulations have been penalized. In one of the following cases, a warning by the same-level health administration and an order to change the duration of the period; a serious circumstance, accountability for the responsible supervisors and other direct responsibilities is provided by law:

(i) A report on the medical controversy of the victim, which is not dealt with in a timely manner in accordance with the relevant provisions;

(ii) Distinguished counselling, malicious or unanswered;

(iii) After medical disputes, medical disputes were not initiated, resulting in serious consequences.

In violation of this approach by members of the Medical Dispute Conciliation Commission, article 28, the following acts are being warned by the employer's unit and, in serious circumstances, the dismissal of mediation qualifications:

(i) To favour private fraud and mediation;

(ii) Disclosure of the privacy of the parties;

(iii) To receive the parties to eat the goods or property.

Article 29 is one of the following acts committed by the public security authorities:

(i) The possession of medical institutions for medical treatment or office, the entry of the peripheral medical institutions and other disturbances of the order of medical institutions, and the denial of counselling, rendering the medical order not normal;

(ii) Theft, seizure of medical facilities and other medical documents;

(iii) To refuse to relocate the body to too-wise, and to dissuade it in the hands of governmental organs or medical institutions, in the form of a gesture, the posting of medals, abundance, abundance paper, a sealed door, etc.;

(iv) To keep the elderly, persons with disabilities, persons living in institutions that cannot be self-sused and other dependents who have no independent life;

(v) Organizing, instigating and coercing other persons to interfere with medical disputes.

Article 33 Staff members of public security agencies play a role in dealing with medical disputes and do not fulfil their statutory obligations and are subject to administrative disposition by public security authorities against those directly responsible.

Article 31 Press journalists have reported serious misstatements of medical disputes that have not yet been published, causing serious social adverse impacts and consequences, which are addressed by the units concerned.

Annex VI

Article 32 of this approach refers to persons suffering, including patients, relatives of patients and persons associated with patients.

Article 33 of this approach is implemented effective 1 October 2011.