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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351876.shtml

Guiyang medical disputes prevention and treatment approaches

    (April 12, 2011 Executive meeting of the Guiyang municipal people's Government on July 25, 2011, Guiyang municipal people's Government released 4th come into force October 1, 2011) Chapter I General provisions

    First for the effective prevention and timely and efficient handling medical disputes, protect the legitimate rights and interests of both doctors and patients, maintaining order, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second approach applies to the administrative area of the city within the medical institutions and family planning services (hereinafter known as medical institutions) in the practice of medical disputes prevention and treatment work.

    Medical dispute in these measures refers to both doctors and patients on diagnosis and treatment in medical institutions, nursing actions and their consequences, and its cause, liability, compensation and other terms of differences arising from disputes.

    Article prevent and handle medical disputes should follow the people-oriented, according to law, the principle of fair and impartial, timely, convenient, fast and efficient.

    Fourth public health Administrative Department shall perform the functions of supervision, do the medical disputes prevention and treatment work. Fifth administrative departments for public health shall promote the construction of doctor-patient dispute mediation service, good management of medical disputes.

    Medical dispute mediation committees work separately.

Article sixth medical institution shall establish reception sites, accept patients ' inquiries and complaints. Medical institutions shall, in accordance with relevant regulations of the State to have health insurance.

    The health administration departments of medical institutions should be encouraged to participate in medical liability insurance.

Article seventh patients ' rights to life and health, the right to legal protection, dignity and other rights under the law.

    Patient unit, grass-roots mass self-government organizations, neighborhood offices, local township people's Governments shall cooperate with the doctor-patient dispute processing.

    Article News units and their personnel shall abide by the relevant provisions of laws and regulations and abide by professional ethics, to objectively and impartially to avoid false reports, proper use of supervision of public opinion.

    Chapter II prevention of medical disputes

    Nineth health administrative departments should strengthen the practice of medical institutions of supervision and management, urged medical institutions and medical staff to improve the quality of medical service and guarantee medical security and safeguard patients ' interests.

    Tenth public security organs should strengthen security management in medical establishments, to develop and improve the working standards clear local treatment procedures and methods of work, appeared in dealing with medical disputes by law violations.

    11th medical institutions shall, in accordance with the relevant laws, rules and regulations, develop rules and regulations, strengthen management, improve the quality of medical services and service levels to ensure medical safety and prevention of medical disputes.

    12th medical disputes in medical organizations should be developed to prevent disposal plans, establishing preventive mechanism of medical disputes and report to local health administrative departments and related departments.

13th medical personnel should comply with the following provisions, prevent medical disputes from happening:

(A) comply with the medical and health system of laws, rules, regulations, and technology practices;

(B) establish the professionalism, adherence to professional ethics, enhanced responsibility, concern and care to the patient, maintaining patient dignity, protect patient privacy;

(C) studying business, update knowledge, improve the level of expertise;

(D) to inform patients or their families, patients, medical practices, medical risk and medical expenses, and so on, and to answer their inquiries in a timely manner;

    (E) writing and keeping medical records in accordance with regulations, not concealment, falsification or destruction of medical documents and related information.

14th patients and their family members shall comply with the following provisions:

(A) abide by and maintain public order in the medical institutions;

(B) address condition to the medical staff, with the health professionals in the diagnosis, treatment and care;

(C) pays the prescribed;

    (D) after the medical disputes, in accordance with this regulation or complaint for mediation.

    Chapter report system of medical disputes

    15th medical institutions should be required to report to the Administrative Department of public health medical disputes, not withholding or delaying report false.

    16th patients found violation of the procedures and techniques of diagnosis and treatment by medical personnel practices, violations of patients ' rights, shall promptly report to the medical institutions or administrative departments of public health. Article 17th medical disputes in medical staff shall report the matter in accordance with the regulations to medical institutions in a timely manner.

    Officer receiving the report should take immediate measures to prevent the situation from expanding, and verified by conducting the investigation.

18th under any of the following circumstances, the medical institution shall immediately report to a public security organ and collect evidence:

(A) breach of funeral regulations disposal of carcasses and illegal occupation, Office space in medical institutions;

(B) wilful damage to or theft of medical institution property, equipment and medical records and other important information;

(C) impede physicians practise according to law, insults, slander, threats, beatings or violations of the freedom of medical personnel of medical staff;

    (D) the serious effect of medical order.

    Chapter fourth dealing with medical disputes

After 19th medical disputes, medical disputes in medical institutions should start treatment plan, and in accordance with the following procedure:

(A) according to the plans of call of duty, control measures and prevent the situation from expanding, hospital expert consultation was informed in a timely manner and submitted to the next higher administrative Department of public health;

(B) inform the patient about modalities and procedures in dealing with medical disputes, answers to patient's advice and questions, guide the patient to solve disputes;

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

Cannot determine the cause of death or the cause of death has objections, according to regulations on the handling of medical accidents autopsy; (E) the two sides negotiated settlement of medical disputes, should private receptions at health facilities.

Large numbers of patients to hospital, should elect representatives for consultation, representation shall not exceed 5;

    (F) 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.

20th the health Administrative Department after receiving the report on the medical dispute should be dealt with in accordance with the following procedure:

(A) informed the medical agencies to take timely measures to prevent the situation from expanding, who rushed to the scene when necessary;

(B) to carry out policy advocacy and educational guidance, leading both doctors and patients properly according to law to resolve disputes;

    (C) the party applying for medical malpractice, in accordance with the handling of medical accidents and its related provisions.

21st public security organ after receiving a security alert on medical disputes should be dealt with in accordance with the following procedure:

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

(B) educational counseling, stop excesses, maintenance of order;

(C) according to the offences committed;

(D) cooperate with related departments such as health, home moved the body, cleaning up the site.

    (E) breach of funeral regulations, mob, should immediately stop, serious cases shall be subject to administrative penalties for public security.

    22nd medical disputes, compensation of 10,000 yuan (RMB 10,000) below, the two sides can resolve disputes claim; the amount of compensation at more than 10,000 yuan, must apply for a medical dispute mediation committee mediation, participation in medical institutions shall timely notify the commitment of medical liability insurance claims insurance agencies in dealing with medical disputes. Article 23rd medical disputes, both to medical institutions at county level, where mediation committee mediation of medical dispute caused patients deaths and severe disabilities to the municipal medical disputes Committee for conciliation. Admissible, medical disputes Mediation Committee shall promptly accepted.

Need for medical malpractice, it shall notify the Parties applying for medical malpractice. Medical dispute mediation Commission shall accept mediation within 30th of reconciliations; mediation, such as the need to await the conclusions of excluding identification during the time, and after the conclusion, 10th in the mediation case.

Pending the expiration, as mediation fails, the parties agreed to extend the exception.

    If mediation is not successful, guided by medical dispute mediation Committee into legal proceedings. Article 24th medical disputes, the parties can also initiate litigation to the people's Court.

    The parties have access to the courts, medical malpractice mediation or Conciliation Committee not to proceed with its processing applications have been processed, shall terminate the mediation.

    25th medical disputes the parties reached an agreement of medical disputes, the Conciliation Commission a conciliation agreement, mediation or court to make a judgement, assume the claim of insurance institutions shall pay the compensation in accordance with the agreement or judgment according to law.

    Chapter fifth penalty

    Article 26th health administrative departments and their staff in violation of these regulations, failure to perform duties or is not properly performing their duties, appointment and dismissal by the organ, the supervisory organ or any other authority shall be subject to administrative responsibility. 27th medical organizations and their staff members in violation of the rules, the practitioners Act, the handling of medical accidents Ordinance and other laws and regulations have punishment from its provisions.

Any of the following circumstances, be warned by the health administrative departments at and rectification in serious cases, the persons in charge and other direct liable persons shall be investigated for criminal liability:

(A) report received the patients ' medical controversy, is not dealt with in a timely manner in accordance with the relevant provisions;

(B) attitude towards patients ' Advisory gross, negligence or failure to respond;

    (C) after the medical disputes and medical dispute treatment plan is not started, leading to serious consequences.

28th medical dispute mediation committee personnel violating these rules, any of the following acts, warning is given by appointment, if the circumstances are serious, cancel the mediation qualifications:

(A) engage mediation injustice;

(B) the disclosing party privacy;

    (C) if they accept being wined or property.

29th patients have one of the following acts, the public security organs in accordance with the punishment:
(A) occupy or in medical institutions Office entrances, containment, medical institutions, as well as other disturbing order of medical institutions, do not scatter, causing medical order is not carried out properly;

(B) stealing, seizing medical records and other documentation of diagnosis and treatment in medical institutions;

(C) refuses to move the body morgue, in a Government Office or a medical institution banner, Hall, posting posters, placed wreaths, burned paper money, blocking Gates persuaded invalid;

(D) to the elderly, disabled persons, unable to take care of abandoned hospitals and other dependants of the left without the ability to live independently;

    (E) organizes, instigates, coerces others interfere with doctor-patient dispute.

    Article 30th public security staff in dealing with medical disputes in the process, neglects his duties, does not fulfil the statutory obligations, the persons directly responsible shall be given administrative sanctions by public security organs.

    31st journalists for truth is not known, survey results have not yet been released as serious unfounded report of medical disputes, causing serious adverse effects and consequences, by the unit in accordance with the relevant provisions.

    The sixth chapter supplementary articles

    32nd article this way refers to patients, including patients, relatives of patients and patient-related units. 33rd article this way come into force October 1, 2011.