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Fuzhou Medical Disputes Prevention And Solution

Original Language Title: 福州市医患纠纷预防与处置办法

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Means of prevention and disposal of medical disputes in the Fford State

(Adopted at the 1st ordinary meeting of the People's Government of Fford, 4 January 2011, No. 49 of 24 January 2011, published as from 1 February 2011)

Chapter I General

Article 1 protects the legitimate rights and interests of patients and medical institutions and their medical personnel, protects the medical order and guarantees medical safety, in accordance with the relevant laws and regulations such as the People's Mediation Act of the Republic of China, the People's Republic of China Act on Injury Responsibility.

Article 2 deals with medical distress as described in this approach, which refers to disputes arising from the medical conduct and results of medical institutions and their causes and responsibilities.

Article 3. Prevention, mediation and disposal of medical institutions at all levels of the city's administration apply.

The treatment of health-related disputes should be guided by the principles of prevention of ownership, mediation priorities, equity, and legal disposition.

Article 5. The health administration should perform its oversight functions in accordance with the law, guide the preventive and disposal of medical institutions for the prevention and disposal of medical disputes; the administration of justice should provide guidance to the people of medical disputes in accordance with the law, organize the establishment of a People's Conciliation Commission for Medical Disputes composed of special (and) facilitators; the public security authorities should strengthen the security management of medical institutions and maintain the normal functioning of medical institutions; and the insurance supervision of the management authorities should be carried out in accordance with the law.

Article 6 establishes a centre for the mediation of medical disputes (hereinafter referred to as the Medical Remediation Centre), which is administered by the same level of administration of justice and is responsible for providing guidance to medical disputes, such as the People's Mediation Commission.

The People's Conciliation Commission for Medical Disputes does not collect any fees.

Article 7. The media should be guided by the relevant laws and regulations, adhere to professional ethics, objectively and impartially coverage of medical disputes and exercise the right role of opinion and oversight.

Article 8. Medical institutions should strengthen their management, improve the quality and service levels of medical services and ensure medical safety, in accordance with the relevant legislation.

The legitimate rights and interests of medical institutions and their staff are protected by law. Those suffering should maintain their rights and resolve medical disputes in accordance with the law and maintain the normal working order of medical institutions.

Chapter II Prevention

Article 9. The health administration should regulate access to health-care institutions, medical personnel and medical technology, monitor and manage the operation of medical institutions and promote the establishment of a system for the prevention and disposal of medical disputes by medical institutions.

Article 10. The heads of medical institutions are responsible for the internal security defence of the unit and, in accordance with the Internal Security Defence Control Regulations of the Enterprise Unit, establish the security defence organization and regulations to implement the accountability system for the internal security of the units, develop the internal unit for the handling of pre-emptive incidents and improve the security control system.

Article 11. Medical institutions should establish systems for the notification and accountability of violations committed by health personnel, medical quality control and evaluation systems, medical communications systems, and security accountability systems.

More than a secondary medical institution should establish a medical dispute mediation cell responsible for receiving counselling and complaints, disseminating medical knowledge and relevant legislation and dealing with medical disputes. The Medical Dispute Conciliation Unit should be equipped with professionals such as (a) mediators, specialists in relevant disciplines and the legal advisers of the medical institutions to work with the Centre. Conditions of medical institutions can actively coordinate the establishment of police cells by public security authorities in hospitals or around.

Article 12 Interlocators and intelligence interconnection mechanisms should be established between the medical institutions and the local public security authorities, and medical agencies have found significant medical fervents and should report on time to the local public security authorities.

In accordance with the relevant provisions, the public security authorities shall identify the Government of the people at the district level above the territory's medical institution as the security-focused unit to guide the medical institutions in the implementation of the security protection regime and measures, and in a timely manner replicate the security situation and implement the provisions of the relevant policing defence.

Article 14. Medical institutions shall participate in the medical liability insurance in accordance with the relevant provisions, and the insurance costs of the health-care institution shall be charged from operating expenses and shall not be added to the cost of the medical institution or to the burden of the patient for participation in the medical liability insurance.

Chapter III Disposal

Article 15. Management of treatment of health-related disputes. Medical disputes within the urban area and in the city's medical institutions are dealt with by the Urban Medical Centre; medical disputes by other medical agencies are dealt with by district (market) medical centres.

Article 16: The Centre performs the following duties:

(i) To guide the work of the People's Conciliation Commission for Medical Disputes;

(ii) Provide advice, advice and advice to medical institutions on the prevention of medical disputes;

(iii) To inform relevant Government departments of the work of medical disputes and mediation.

Article 17

(i) Mediation of medical disputes and prevention of the escalation of medical disputes;

(ii) To promote legal, regulatory, regulatory and medical knowledge and to guide the parties to deal with disputes on the basis of facts and laws;

(iii) Provision of counselling and services to patients and their relatives or medical institutions for medical disputes;

(iv) An agreement on mediation between the medical victims should be made and a letter of mediation agreement should be drawn up; a letter of mediation decision should be made for termination of the agreement and informed that it could be resolved through the means of litigation?

Article 18

(i) The treatment of medical patients in their own consultations;

(ii) To apply for mediation to health centres;

(iii) To submit requests for treatment of medical accidents to the health administration;

(iv) Civil proceedings with the People's Court.

When a medical dispute arises, medical institutions should be disposed of according to the following procedures:

(i) In the event of a medical dispute, medical institutions should report on a timely basis to the respective health administration and to the same-level medical treatment centre, and organize expert consultations to inform the patient;

(ii) Medical institutions should listen carefully to the claims of the victims, respond to the advice and questions of the victims, inform the approach and procedures regarding the handling of medical disputes, actively engage in dispute resolution and prevent the expansion of events;

(iii) In the case of co-acquisitions, in accordance with the Medical Accident Control Regulations, the release of information on the ground and related illnesses is maintained by medical institutions;

(iv) Medical institutions shall keep the relevant information in the process of mediation of medical disputes in a manner that may not exceed one year;

(v) Upon disposal, medical agencies submitted reports to the health administration of their respective countries on the treatment of medical-related disputes, reporting on the occurrence and disposition of disputes.

After a medical dispute, the patient has the right to request access, photocopy or replication of the medical clinic, inpatient, medical vouchers, laboratory vouchers (review reports), medical video check-up information, special check-up approvals, operational consents, operating procedures and anachronic record, medical information, care records, medical expenses and other material provided by the State Department of Health Administration.

Article 21, the parties with medical illness may not determine the causes of death or object to the death and may carry out a mortuary under the medical accident treatment regulations.

In accordance with article 22, after receiving requests for mediation of medical disputes, the Medical Clinic has been consulted according to the following procedures:

(i) In a timely manner, the dispatch of a licensor to raise awareness of relevant legal regulations, policies and means of resolution, leading to mediation by the medical centre by law;

(ii) The appointment of a popular mediator as the Chief Mediator and two people mediators and a recorder to participate in mediation. The health-related parties may give rise to the participation of representatives in mediation, with no more than five representatives representing the single party, making requests for evasion and the existence of legal grounds for the mediator, and the People's Conciliation Commission for Medical Disputes should be redeployed;

(iii) Building on the identification of facts and responsibilities, prompting the parties to the medical community to reach a mediation agreement; it is not possible to reach a mediation agreement to put an end to mediation and to inform the health-related parties.

The amount of the claim is more than 10,000 dollars in the national currency and should be subject to medical accident technical identification or judicial recognition and be redeployed in accordance with the findings.

The conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes shall be settled within one month of the date of the application for mediation. Both medical patients agree to extend for one month. There is still no agreement on mediation, which is considered to be non-concilitative, and the parties to medical care can bring to justice by law.

Article 23 refers to requests for treatment of medical accidents to the health administration, which should be mediated in accordance with the relevant provisions of the Medical Accident Control Regulations.

Article 24 parties to a medical dispute have instituted civil proceedings before the People's Court, and the health administration or medical centres may not receive their mediation requests, have been subject to mediation requests and shall terminate mediation and inform the parties to a medical dispute, except when the People's Court entrusts mediation.

Article 25 Survivors' units, the Government of the People's Government of Local Towns (Robb Street Office) and the grass-roots self-government organizations should cooperate with the treatment of medical disputes.

Article 26 Insurance institutions that are responsible for medical liability insurance shall perform the compensation process in accordance with agreements signed with the medical agencies.

Article 27 should be disposed of in accordance with the following procedures after the public security authorities have received a police officer on medical disputes:

(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 dispose of all types of violations committed on the ground by law;

(iv) Death of patients within medical institutions, whose relatives refuse to relocate the body to the ACPE or the Summer, shall be held accountable to their relatives or to forcibly transfer the body to the ACP or mail;

(v) Legal investigation of criminal offences;

(vi) Removal measures should be taken in accordance with the law, in order to seriously affect the normal medical office order of medical institutions.

Chapter IV Legal responsibility

Article 28 Medical personnel violate the provisions of the Act on the ruling of the People's Republic of China, one of the following acts, which is punishable by law by the health administration; constitute crimes and hold criminal responsibility under the law:

(i) In violation of the health administrative regulations or technical operating regulations, 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 29, the patient or his relatives, as well as other persons, have one of the following acts, and, by public security agencies, to persuade education to be invalid or have consequences, to impose administrative sanctions in accordance with the Law on Security Management of the People's Republic of China; and to hold criminal responsibility under the law:

(i) The possession of medical institutions for medical treatment or office premises and the pursuit of sexual abuse;

(ii) To refrain from relocating the body to a medical order that is disrupted by the outposting of the body, or by a medical institution, in the form of an extortion, ventilation and posting of the word;

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

(iv) Damages, seizures of equipment, property and morbidity, archives, etc.;

(v) Other violations of legal regulations.

Article 33 establishes a system of accountability for the treatment of medical disputes, and in the course of dealing with medical disputes, public safety, health, administration of justice, medical coordination centres, medical institutions and their staff violate the provisions of the law and the present approach, refrain from fulfilling their statutory obligations and provide administrative disposal in accordance with the relevant provisions; serious circumstances, composition of the offence, and criminal responsibility under the law.

Article 33 Press agencies or press journalists have failed to report the truth, the findings have not yet been made public about the misdemeanours or instigation of feelings, causing serious social adverse impacts and consequences, and hold responsibility in accordance with the relevant national provisions.

Chapter V

The treatment of medical disputes by military medical institutions is not applicable in accordance with the relevant provisions of the military.

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