Zhuhai medical disputes prevention and solution
(December 13, 2010 seventh in Zhuhai city people's Government, the 170th Executive meeting January 14, 2011 76th Zhuhai city people's Government promulgated as of May 1, 2011) Chapter I General provisions
For effective prevention and proper disposal of medical dispute in article, protect the legal rights of patients, medical institutions and medical personnel, maintenance of order, in accordance with the People's Republic of China medical practitioners Act, the People's Republic of China the tort liability law, and regulations on the handling of medical accidents and the Zhuhai Special economic zone Ordinance and other laws and regulations of people's mediation, combined with the city's actual, these measures are formulated.
Second medical disputes in these measures refers to both doctors and patients to the medical institution and its medical staff of examination, diagnosis, treatment, care and other medical treatment, led to differences in results and its causes, responsibility and controversy.
Article these measures apply to medical institutions at various levels within the administrative area of the city of medical disputes prevention and disposal work.
Medical disputes in medical accident disputes by the parties, in accordance with the implementation provisions of the regulation on the handling of medical accidents.
Article fourth medical disputes prevention and treatment should follow the prevention and disposal according to law, the principle of fair and accessible in a timely manner.
Fifth public health Administrative Department shall perform the administrative functions of health, responsible for the implementation, management and supervision of medical disputes prevention and treatment work.
Judicial administration shall, together with the Administrative Department of public health to strengthen the work of people's mediation of medical dispute leadership and guidance.
Public security organs should strengthen security management in medical locations, clear handling procedures and methods, according to the acts of disturbing the order of medical.
Article sixth medical institutions should strengthen their management and improve medical service quality and level of services, guarantee safety.
Seventh article of the city, establishing the medical liability insurance system encourages patient and voluntary health insurance, medical insurance and other insurance.
Eighth patient's right to life and health, right and other rights protected by law.
Patients ' medical staff should be respected, safeguarding their rights and solving disputes, compliance with medical order.
Nineth medical institutions and public health Administrative Department shall establish an information disclosure system, release medical information in a timely manner.
Tenth news organizations and their personnel should abide by professional ethics and objective reports, proper use of supervision of public opinion.
11th article of the city establishment of medical dispute mediation Committee, responsible for the work of people's mediation of medical dispute.
Medical disputes in medical dispute mediation committee mediation are free of charge.
12th medical disputes the work of people's Mediation Committee funding and staff be guaranteed financial subsidies from the city.
13th where both doctors and patients, grass-roots mass self-government organizations, neighborhood offices and town people's Governments shall cooperate with the disposal of medical dispute and, if necessary, may be requested to participate in dealing with medical disputes between doctors and patients or party.
Chapter II prevention
14th administrative departments for public health shall regulate medical practice access, strengthen supervision and management of the medical practice, and take effective measures to improve the medical institutions and medical personnel of level and quality of service, guarantee medical safety, safeguard the interests of patients.
15th medical institutions shall establish and improve personnel violation behavior verification and accountability systems, medical quality supervision and evaluation system, doctor-patient communication system, security system.
16th medical institutions should be set up to receive patients ' places, equipped with (and) staff, accept patient inquiries and complaints, answering and dealing with the problem in a timely manner.
17th medical disputes in medical institutions should develop disposal plans, and reported to the public health administrative departments at district public security organ for the record.
Medical institutions may apply to the territorial public security organs to establish police, strengthen public security prevention.
Medical personnel shall abide by the following provisions of article 18th, preventing medical disputes from happening:
(A) the health and compliance with laws, rules, regulations and technical operational norms.
(B) comply with professional ethics, fulfill their duties and to fulfil its responsibility, caring for, loving and respecting patients and protect the privacy of patients.
(C) studying business, update knowledge, improve the level of expertise.
(D) to avoid adverse consequences for patients under the premise should inform patients and medical measures, health risks and medical conditions, and to answer their inquiries in a timely manner; disclosure may have an adverse effect on the patients of the disease, it shall promptly inform their close relatives. (E) need to implement operation, special examination, special treatment and experimental clinical medicine, medical institution and its medical staff shall obtain the consent of the patient's written consent cannot or should not be explained to patients, should indicate to the close relatives of patients, and its written consent.
Due to rescue dying patients and other emergencies, not of written consent of the patient or his close relatives, in accordance with the relevant provisions.
(F) in accordance with the requirements of the written records and not loss, concealment, falsification or destruction of medical documents and related information.
19th patients should comply with the following provisions:
(A) respect for medical personnel, compliance with regulations of medical institutions and medical orders.
(B) the full address history of illness to the medical staff, with the diagnosis, treatment and care by medical personnel.
(C) it shall not be forced beyond its treatment in medical institutions and the practice of medicine, medical institutions according to actual illness require the referral should be fit.
(D) timely payment of medical expenses.
(E) after the medical disputes, to express their views and demands in accordance with law, refrain from improper or illegal activities affecting the normal order of medical institutions.
Chapter III report and disposal
20th the health administrative departments should guide medical disputes in medical institutions to establish and improve the reporting system, standardize medical malpractice report.
A medical institution shall establish and improve the reporting system of medical disputes, medical disputes should be timely reported, may conceal, delaying the report false.
21st medical personnel for medical disputes or found that patient acts interfering with the medical order, shall be reported in accordance with the provisions of the regulations on the handling of medical accidents, received a report of personnel shall immediately take steps to prevent the situation from expanding, and in accordance with the regulations.
22nd medical disputes, doctors and patients both parties can apply for medical malpractice, or to apply to the people's Mediation Committee mediation of medical dispute, or initiate litigation to the people's Court.
Medical malpractice claims amounting to more than 10,000 yuan, the public agency shall not handle.
Article 23rd medical disputes, medical disputes in medical institutions should initiate preparedness, and according to the following process:
(A) according to the plans of call of duty, control measures and prevent the situation from expanding, will inform the patient of medical institutions in a timely manner and report to local health administrative departments.
(B) 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 the scene real and relevant medical records. (C) patients die within medical institutions should immediately moved out of the ward, and corpse of a funeral parlour in the time allotted.
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 for autopsies.
(D) inform the patient about methods and procedures for disposal of medical dispute, reply to patient counselling and questions, guide the patient to solve disputes. (V) consultations between doctors and patients of medical disputes, should private receptions at health facilities. Patients participating in the consultations number of persons shall not exceed 5 people.
Patients in the 5 or more, shall hold consultations legal identity, relationship to elected representatives, representatives should 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.
Article 24th after the Administrative Department of health received a report on the medical dispute and shall, in accordance with the following process:
(A) ordered medical institutions to take timely measures to prevent the situation from expanding, if necessary, sent to the scene.
(B) to carry out policy advocacy and educational guidance, leading both doctors and patients properly solve disputes by law.
(C) the application of medical accident disputes, in accordance with the provisions of the regulations on the handling of medical accidents.
(D) coordinate with relevant departments handling medical disputes.
25th, patients with any of the following circumstances, medical institutions can be to the local public security organ alerts:
(A) violence or threats of violence, intimidation of medical institutions.
(B) damage to medical institutions of public or private property, robbed, conceals or destroys medical records, files, and other important information.
(C) the seizure of medical offices, clinics or impact sites.
(D) banner, put up signs, or posters at health facilities, distributed flyers, splashed dirt or put up a mourning Hall, disturb the normal order of the outpatient department, ward.
(E) robbing corpses or deny the corpse to the funeral home.
(Vi) will be unable to take care of his patients abandoned in medical institutions.
(G) the containment door in medical institutions or medical, Office space, limited personnel and vehicle access.
(VIII) medical personnel of insults, threats, verbal abuse, assault and unlawful restriction of liberty health-care workers and medical personnel.
26th public security organ after receiving a security alert on medical disputes, should be in accordance with the relevant provisions of the laws, regulations and disposal:
(A) the Organization of police rushed to the scene immediately.
(B) educational guidance, troubleshooting verify patient identity, prevent excesses, maintain order.
(C) all acts violating the administration of the disposal site.
The fourth chapter mediation
27th medical dispute mediation, in accordance with the regulations of the special economic zone of Zhuhai people's mediation and the regulations.
28th judicial administrative departments should set up the medical dispute mediation Committee.
Medical disputes Mediation Committee may establish, as necessary, the Studio and hire a full-time arbitrators.
29th medical disputes Mediation Committee shall perform the following duties:
(A) the mediation of medical dispute, preventing medical disputes escalate.
(B) the dissemination of laws, rules, regulations and medical knowledge, guide the fair settlement of disputes between doctors and patients based on fact and law.
(C) the put prevention and handling medical disputes between doctors and patients to the views, suggestions.
(D) to provide doctors and patients with medical dispute resolution consulting and services.
(E) to the Government departments concerned in cases of medical disputes and mediation.
30th medical dispute mediation Committee of people's mediators should be fair, good character, with medical, legal expertise and experience in mediation, and an active interest in the people's mediation work.
31st medical disputes Mediation Committee shall be established by the medical and pharmaceutical experts and legal experts, provide advice to investigation, assessment and mediation of medical dispute.
32nd medical disputes in medical dispute mediation Committee on requests for mediation of medical dispute from Parties, admissible, shall, within 3 working days to be admissible; not admissible, inadmissible ' notify the parties in writing and state the reasons.
Article 33rd medical disputes to apply for any of the following circumstances, medical disputes Mediation Committee inadmissible; 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 of medical accident disputes.
(C) the party refuses Mediation Committee mediation of medical dispute.
(D) illegal practice dispute.
Medical dispute in article 34th people's mediation committees separately to both doctors and patients should be asked about disputes of facts and circumstances, understand their requirements and reasons for any investigation to interested parties as needed, do a good job getting ready for a mediation.
Medical dispute in mediation before the Mediation Committee shall inform the patient and the mediation of nature, principles and effectiveness, as well as between doctors and patients in the mediation activities enjoy rights and bear obligations.
Technical appraisal for medical disputes need to be related, people's mediation committees shall inform the medical disputes between doctors and patients the procedures for technical identification. 35th medical dispute according to the needs of the people's Mediation Committee or the party's choice, specify 2 or more arbitrators to participate in mediation.
Both doctors and patients avoided demands on people's mediators, should be reversed.
Medical disputes in medical dispute mediation committee mediation at the end of 1 month in tune, except for both doctors and patients are willing to continue mediation. Reached a mediated settlement, the people's Mediation Committee mediation deal announced between doctors and patients should be, and made the people's mediation agreement.
Mediation fails or for other reasons cannot continue to mediate, mediation shall be terminated and shall inform the parties.
Article 36th between doctors and patients should consciously abide by and fulfill the people's mediation agreement.
37th for health and public security administrative departments to resolve disputes by both doctors and patients consent, may appoint a people's Mediation Committee mediation of medical dispute, can also invite people's mediators for conciliation.
The fifth chapter of medical liability insurance 38th article of the public medical institutions at all levels shall, in accordance with the regulations to have health insurance.
Other medical institutions may voluntarily participating in medical liability insurance. 39th insurance companies write medical liability insurance in accordance with the relevant provisions through public bidding or otherwise identified.
Medical liability insurance company based on the contract of insurance liability due to medical disputes in medical institutions. Insurance insurance costs from the operational costs would be covered by medical institutions, according to the provisions included in the costs of medical care.
Medical institutions shall not participate in the medical liability insurance and to increase the existing fees or increase the burden on patients in a disguised form.
40th article of medical liability insurance insurance company shall establish a medical malpractice claims Department, medical institutions delegate to participate in dealing with medical disputes.
Medical dispute occurred, both doctor and patient consultation medical malpractice claim, medical liability insurance underwriting insurance company should send personnel to participate in treatment.
41st after medical disputes, medical institutions shall truthfully provide the medical liability insurance company provides medical malpractice information, medical liability insurance company in accordance with the relevant provisions of investigation and verification.
42nd medical dispute mediation committee mediation agreement, court conciliation agreement or make a judgement, medical liability insurance company shall, in accordance with the contract and timely payment of compensation (compensation) payment.
Agreement reached via people's mediation, and medical disputes without litigation process, medical institutions or medical liability insurance company for compensation (compensation) should be based on people's mediation agreement.
Article 43rd did not participate in the medical insurance, doctors and patients both parties reach an agreement, the people's Mediation Committee mediation of medical dispute reached an agreement, the people's courts a conciliation agreement or final judgement of, the medical institution shall pay the compensation in accordance with the agreement or judgment (compensation) costs.
The sixth chapter legal liability
44th medical personnel in violation of the rules of any of the following acts, the public health Administrative Department shall be subject to punishment:
(A) in violation of health laws, statutes, rules, regulations or technical and operating rules, resulting in serious consequences.
(B) irresponsible delayed rescue and treatment of critical patients, with serious consequences.
(C) concealing, forging or destroying without authorization medical documents and related information.
45th medical disputes in medical institutions do not develop disposal plans, the public health Administrative Department shall be ordered to correct, if the circumstances are serious, the persons in charge and other personnel shall be subject to punishment.
Article 46th patients have one of the following acts, violating the administration of public security, the public security organs shall be subject to administrative penalties for public security:
(A) the mob occupied the medical institution or Office, to cause trouble.
(B) refuses to corpse funeral home, or medical institution to bring banners, as Hall medical order, put up posters and other forms of interference, to discourage invalid.
(C) impede the lawful practice of medical staff, insult, libel, threaten, beat medical personnel or violations of personal freedom, interfere with normal lives by medical personnel of medical staff.
(D) destruction of the equipment of medical institutions, property and medical records, files, and other important information.
(E) other acts interfering with the medical order violates the administration of public security.
The seventh chapter by-laws
47th in these measures refers to patients, including patients, relatives of patients, the designated representative and other relevant personnel. 48th article of the rules take effect on May 1, 2011.