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Zhuhai Medical Disputes Prevention And Solution

Original Language Title: 珠海市医疗纠纷预防与处置办法

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Prevention and disposal of medical disputes in the jewell City

(Adopted at the 170th Standing Conference of the Seventh People's Government of jewell City, 13 December 2010, No. 76 of 14 January 2011, published as of 1 May 2011)

Chapter I General

Article 1 provides for the effective prevention and proper disposal of medical disputes, the protection of the legitimate rights and interests of patients, medical institutions and their medical personnel, the maintenance of the medical order, in accordance with laws, regulations and regulations such as the Law on the Practice of the People's Republic of China, the Law on Injuries of the People's Republic of China, the Medical Accident Control Regulations, the People's Mediator Regulations of the jewell Sea, and the practical formulation of this approach in the city.

Article 2 deals with medical disputes as described in this approach, which refers to disputes arising from the medical treatment of medical institutions and their medical personnel, medical treatment, care, etc., in consequence and in their causes and responsibilities.

Article 3. This approach applies to the prevention and disposal of medical disputes at all levels of the city's administration.

The parties to the medical dispute apply for treatment of the medical accident dispute and are implemented in accordance with the provisions of the Medical Accident Control Regulations.

Article IV. Prevention and disposal of medical disputes should be guided by the principles of prevention of ownership, the lawful disposal, fair justice, and timely citizens.

Article 5 The health administration should perform the functions of the health administration responsible for the implementation, management and supervision of the prevention and disposal of medical disputes.

The administration of justice should strengthen its leadership and guidance with the health administration for the mediation of the people of medical disputes.

Public security authorities should strengthen the security management of medical sites, identify procedures and methods for handling on-site and deal with destabilization of medical order by law.

Article 6. Medical institutions should strengthen their management, improve the quality and service levels of medical services and guarantee medical safety.

Article 7.

Article 8. The right to life and the right to information are protected by law.

They should respect medical personnel, uphold their rights and resolve medical disputes in accordance with the law and comply with the medical order.

Article 9. Medical institutions and the health administration should establish an information disclosure system to disseminate relevant medical information in a timely manner.

Article 10 Public information institutions and their practitioners should adhere to professional ethics, objective fair coverage and rightly play a role in the oversight of opinion.

Article 11 establishes the Commission for the Mediator of the People of Medical Disputes, which is responsible for the mediation of the people responsible for medical disputes.

The People's Conciliation Commission for Medical Disputes does not receive charges for conciliation of medical disputes.

Article 12 Funds for the work of the People's Conciliation Commission for Medical Disputes and payment subsidies for staff are guaranteed by the municipal finance.

Article 13 provides the services of both parties, grass-roots self-government organizations and the Government of the people of town, street offices should cooperate in the handling of medical disputes and, if necessary, may be involved in the treatment of medical disputes at the request of both parties or parties.

Chapter II Prevention

Article 14. The health administration should regulate access to the medical institutions, enhance monitoring and management of the operation of medical institutions, take effective measures to improve the quality of medical and medical services, guarantee medical safety and defend the interests of the patient.

Article 15. Medical institutions should establish systems for verification and accountability of violations committed by health personnel, medical quality control and evaluation systems, medical communications systems, and security accountability systems.

Article 16 Medical institutions should establish reception sites with special (and) staff, receive counselling and complaints, respond to and address related issues in a timely manner.

Article 17 medical institutions should establish pre-dispositions of medical disputes and report back to the same-level health administration and the territorial public security authorities.

Medical institutions may apply to public security authorities in the Territory for the establishment of a police room to strengthen security protection.

Article 18 Medical personnel should comply with the following provisions to prevent the occurrence of medical disputes:

(i) Compliance with health laws, regulations, regulations and technical regulations.

(ii) To adhere to ethics and perform their duties, care, respect for patients and protect the privacy of patients.

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

(iv) In order to avoid adverse consequences for patients, it should be communicated to their relatives in a timely manner, as well as to the patient's situation, medical measures, medical risks and medical costs.

(v) Medical institutions and their medical personnel should have the written consent of the patient if they are to be performed, special inspections, special treatment, experimental clinical medical treatment, and should be made available to the close relatives of the patient, with their written consent. In emergencies, such as those who are at risk of life, they cannot be implemented in accordance with the relevant provisions.

(vi) In accordance with the required request, the writing of information on illnesses;

Article 19

(i) Respect for medical personnel, compliance with the regulations and medical order of medical institutions.

(ii) In the event of a comprehensive presentation to medical personnel of the history of illnesses, in collaboration with medical personnel for diagnosis, treatment and care.

(iii) Medical institutions should not be compelled to require medical agencies to make medical acts beyond their ability to deal with their treatment and the scope of the operation, and the medical institutions should cooperate in the light of the actual circumstances of the disease.

(iv) Payment of medical expenses on time.

(v) After a medical dispute, the legal expression of opinions and requests shall not be taken without undue or unlawfully affecting the normal medical order of medical institutions.

Chapter III Reports and disposal

Article 20 should guide the health administration in the establishment of a sound medical reporting system that regulates the reporting of medical disputes.

Medical institutions should establish a system of reporting on sound medical disputes, which should be reported in a timely manner, without concealment, debriefing and false reporting.

Article 21 Medical personnel shall take immediate measures to prevent the expansion of the state of affairs and to deal with it in accordance with the provisions of the Medical Accident Control Regulations.

When a medical dispute arises, the health-related parties may apply, in accordance with the law, for medical accident technical recognition or for mediation to the Medical Dispute People's Conciliation Commission, or for proceedings before the People's Court.

Medical disputes claim amounts to more than 1 million dollars, and public health agencies are not able to deal with themselves.

When a medical dispute arises, the medical body shall initiate a medical dispute disposal case and dispose of the following procedures:

(i) To take control measures to prevent the expansion of events, to communicate medical advice to patients in a timely manner, and to report on the location's health administration, in accordance with the responsibilities set out in the case.

(ii) In the case of co-acquisitions, in accordance with the Medical Accident Control Regulations, the physical and related medical information is provided.

(iii) The death of the patient within the medical institution shall immediately be removed from the sick and the transfer of the body within the prescribed time frame. Both medical patients cannot determine the causes of death or be contested by the medical accident treatment regulations.

(iv) To inform the victims of the treatment of medical disputes, to respond to the advice and questions of the victims and to lead the victims to resolve disputes in accordance with the law.

(v) In consultation with the health-related parties, medical disputes should be addressed in specialized facilities. The number of participants in the consultations should not exceed 5. More than five people should be held in a legal capacity and in a relationship certificate to be consulted, with no 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 24 should be disposed of in accordance with the following procedures:

(i) Urgent medical institutions to take timely measures to prevent the expansion of events and, if 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 in accordance with the law.

(iii) Applications for treatment of medical accidents in accordance with the provisions of the Medical Asset Disposal Regulations.

(iv) Coordination with relevant departments to deal with medical disputes.

Article 25 has one of the following conditions, and medical institutions can report to the local public security authorities:

(i) The commission of violence or the threat of violence and the arrest of medical institutions.

(ii) The intentional damage to public and private belongings of medical institutions and the seizure, concealment, destruction of vectors, archives, etc.

(iii) Offices of health-care institutions that account for or impact medical institutions, and medical facilities.

(iv) Disturbing medical institutions, posting of markers or dioxinaries, distributing leaflets such as leaflets, banners or conspires, the normal medical order of the sick.

(v) The body was seized or the body was refused to be transferred to the premises.

(vi) Removal of sick persons who are unable to live in the medical institutions.

(vii) Coverage of medical institutions or medical treatment, office premises, restricted access to persons and vehicles.

(viii) Intrusion, threat, humiliation, beating medical personnel, unlawful restrictions on the freedom of medical institutions and medical personnel.

Article 26 The public security authorities should be disposed of in accordance with the laws, regulations and related provisions, after having received a police officer on medical disputes:

(i) Immediately organize police strengths to go on.

(ii) Implement educational evacuations to verify the identity of the affected person, stop the acts of laser and maintain the medical order.

(iii) To dispose of all types of violations of the management of the law on the ground.

Chapter IV Mediation

Article 27, Conciliation by the people of medical disputes, is carried out in accordance with the People's Mediation Regulations and this approach.

Article 28 should be established by the executive branch of the judiciary.

The People's Conciliation Commission for Medical Disputes may establish a working room and employ a special-time people mediator, as required.

Article 29

(i) Mediation of medical disputes to prevent the escalation of medical disputes.

(ii) Promote legal, regulatory, regulatory and medical knowledge that leads both parties to resolve disputes fairly, based on facts and laws.

(iii) Provide advice, advice and advice to health-care providers on the prevention and disposal of medical disputes.

(iv) Provision of medical mediation advice and services to both medical patients.

(v) To reflect medical disputes and mediation efforts to the relevant Government departments.

Article 33 People's Mediator of the Committee on Medical Disputes shall be the public, good body, experience with medical, legal expertise and mediation, and are keen to work in mediation.

Article 33 People's Conciliation Commission for Medical Disputes should establish a pool of experts, including medical, pharmaceutical and legal, to advise investigations, assessments and mediation of medical disputes.

Article 32, the application for medical conciliation by the People's Mediator of Medical Disputes to the parties to the medical dispute shall be admissible within three working days; incompatible with the conditions of admissibility, the written notification of the party and the reasons for it.

Article 33 requests for mediation of medical disputes are one of the following cases, and the Medical Dispute Conciliation Commission is inadmissible; mediation has been accepted and terminated:

(i) The party has brought proceedings before the People's Court.

(ii) The party has applied to the health administration for medical accident disputes.

(iii) The party rejects the mediation of the Medical Dispute Conciliation Commission.

(iv) Disputes arising from illegal medical care.

Article 34, the People's Conciliation Commission for Medical Disputes should consult the medical parties on the facts and circumstances of the dispute and understand their requirements and reasons, and, if required, investigate the pre-concilitative preparations.

The Committee on the Conciliation of the People of Medical Disputes should be informed before conciliation of the nature, principles and effectiveness of the mediation of the medical victims, as well as the rights and obligations of medical parties in mediation activities.

Medical disputes require technical identification, and the People's Conciliation Commission for Medical Disputes should inform both parties of the procedures for requesting technical identification.

In accordance with a common choice between the needs or the parties, the Mediator of the Medical Disputes appointed more than two people to participate in the mediation. Both health-care providers should be relocated to the people mediator's legitimate request for evading.

The conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes is generally concluded within one month, with the exception of the willingness of both parties to continue mediation.

In order to reach a mediation agreement, the People's Conciliation Commission should declare mediation agreements to the health-affected parties and produce a letter of popular mediation agreements. Mediation should be terminated and communicated to the parties if mediation is not or for other reasons.

Article 36 states that both health-related parties should be aware of compliance and compliance with the People's Mediation Agreement.

Article 37 Disputes concerning mediation by the executive branch, such as health, public safety, with the consent of the medical community, may be entrusted with the mediation of the Medical Dispute People's Conciliation Commission or may invite the people mediator to assist in mediation.

Chapter V Medical liability insurance

Public health institutions at all levels of the city should participate in the medical liability insurance in accordance with the provisions. Other medical institutions can participate voluntarily in the medical liability insurance.

The insurance company that is insured with a medical liability insurance may be determined by solicitation or other means, in accordance with the relevant provisions. The Medical Liability Insurance Corporation assumes the liability of medical institutions arising from medical disputes under the insurance contract.

The insurance costs of the insured medical institutions are charged from operating expenses and are included in the cost of medical institutions. Medical institutions may not increase the burden of existing fees or changes due to participating in the medical liability insurance.

Article 40 Insurance companies that are responsible for the medical liability insurance should establish a medical dispute settlement service and receive medical agencies to participate in the treatment of medical disputes.

After a medical dispute, the medical patients have consulted to resolve medical damages and the insurance companies that are insured for medical liability insurance should be fully involved.

After the occurrence of a medical dispute, the medical institution should investigate the verification in accordance with the relevant provisions, if the medical liability insurance company provides medical disputes.

In accordance with article 42, the People's Conciliation Commission for Medical Disputes has reached an agreement, the People's Court mediation agreement or entered into a judgement of entry into force, the Medical Liability Insurance Corporation shall pay compensation (refur) in accordance with the contract in a timely manner.

Medical disputes are negotiated by the people's mediation and without proceedings, and compensation by medical institutions or medical liability insurance insurance companies (refur) shall be based on the letter of the popular conciliation agreement.

Article 43 does not participate in the medical liability insurance, and the medical institutions shall pay compensation in accordance with the agreement or the award of compensation (reparation) in accordance with the agreement or the judgement.

Chapter VI Legal responsibility

In violation of this approach by medical personnel, one of the following acts is punishable by law by the health administration:

(i) In violation of health laws, regulations, regulations, systems or technical operational norms, which have serious consequences.

(ii) Serious consequences due to irresponsible delays in the collection and treatment of critical patients.

(iii) Exonymous, forged or unauthorized destruction of medical instruments and information.

Article 42 does not establish pre-removal cases for treatment of medical disputes, which are redirected by a sanitary administrative officer and are severely punishable by law for responsible supervisors and other responsible personnel.

Article 46 is one of the following acts, in violation of the management of the security sector, punishable by law by public security authorities:

(i) Size medical institutions for medical treatment or office premises, and seek out forclamation.

(ii) To deny the transfer of the body to the premises or interfere with the medical order in such a way as a medical institution in the form of an explanatory, ventilation, posting of abron.

(iii) Obstacles the medical profession in accordance with the law, stigma, defamation, threat, beating medical personnel or violating the physical liberty of medical personnel and disrupting the normal life of medical personnel.

(iv) Damage to important information, such as equipment, property and disease, archives and archives of medical institutions.

(v) Other disruptions in the medical order violate the management of the security sector.

Chapter VII

Article 47 states of this approach, including patients, relatives of patients, designated representatives and others.

Article 48 is implemented effective 1 May 2011.