Fuzhou Medical Disputes Prevention And Solution

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346539.shtml

Fuzhou medical disputes prevention and solution

    (1th meeting consideration of the people's Government, Fuzhou on January 4, 2011 through January 24, 2011, Fuzhou City people's Government, the 49th release as of February 1, 2011) Chapter I General provisions

    For effective prevention and disposal of medical dispute in article, protect the legitimate rights and interests of the patients and medical institution and its medical staff, maintain order, ensure medical safety, according to the people's Republic of China the people's mediation law and the People's Republic of China Law on tort liability and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second doctor-patient dispute in these measures refers to both doctors and patients in medical institutions of health behavior and its reasons and results, divide responsibilities caused controversy.

    Third medical institutions at various levels within the administrative area of the city of doctor-patient dispute prevention, mediation and disposal procedures apply.

    Disposal of medical dispute of the fourth article shall follow the prevention, mediation first, the principles of equality and justice, prosecuted.

    Fifth article health administrative sector should law perform supervision management functions, guide medical institutions do medical patient disputes of prevention and disposal work; judicial administrative sector should law on medical patient disputes people mediation work implementation guide management, organization established by designed (and) vocational people mediation member composition of medical patient disputes people Mediation Committee; police organ should strengthening on medical institutions of security management, maintenance medical institutions of normal work order; insurance supervision management institutions should law on medical responsibility insurance work implementation supervision management.

    Sixth municipalities and counties (cities) and districts establish a doctor-patient dispute resolution Center (hereinafter referred to as the Medical Center), medical center managed by the judicial administrative departments at the same level, is responsible for directing the people of doctor-patient dispute mediation Committee of medical disputes, such as mediation.

    People's mediation committees to mediate disputes between doctors and patients of doctor-patient dispute does not charge any fees.

    Article press shall abide by the relevant laws and regulations, and abide by professional ethics and objective and impartial coverage of doctor-patient dispute, correctly guide public opinion, and a supervisory role.

    Eighth medical institutions shall, in accordance with relevant laws and regulations, strengthen management, improve the quality of medical services and service levels, and ensure safety. The legitimate rights and interests protected by law of medical institutions and their staff.

    Patients should safeguard their own rights and interests according to law and settlement of disputes between doctors and patients and maintain medical institutions in normal working order.

    Chapter II prevention

    The Nineth administrative departments for public health shall regulate medical institutions, medical personnel and medical technology admittance, stronger oversight and management of the medical practice, urged medical institutions to establish medical disputes prevention and management reporting system.

    Tenth of medical institutions in charge of internal security within the unit responsible within enterprises and institutions and in accordance with the public security Ordinance to establish public security organizations and the various rules and regulations, implementation of the accountability system for internal security, internal security emergencies preparedness, improving public security prevention and control system.

    11th medical institutions shall establish and improve personnel violations of reporting and accountability systems, medical quality supervision and evaluation system, doctor-patient communication system, security system. Secondary medical institutions shall establish a doctor-patient dispute resolution Chamber in charge of patients ' inquiries and complaints to publicize health knowledge and relevant laws and regulations to deal with disputes between doctors and patients. Doctor-patient dispute resolution Chamber shall be equipped with (and) professional mediators, the relevant subject matter experts and medical professionals such as legal counsel, working actively with medical center.

    Conditional medical institutions can actively coordinating public security organs in the hospital room or surrounding the establishment of the police.

    12th medical institutions and local public security organ should be established between focal points and information exchange mechanisms, found significant signs of medical disputes in medical institutions should promptly report to the public security authorities at their place.

    Public security organs shall, in accordance with the relevant provisions of the 13th article, area medical organizations above the county people's Governments above the county level shall determine for the security key, guidance urged medical institutions to implement a security system and measures to rectify security risks, implementation of the relevant provisions of the public security work.

    Medical institutions shall, in accordance with the relevant provisions in article 14th medical liability insurance insurance insurance costs from the operational costs would be covered by medical institutions, according to the provisions included in the costs of medical care, may not participate in the medical liability insurance by raising fees or de facto increase the burden on patients.

    Chapter III the disposal 15th medical dispute handling the implementation of territorial management.

    Municipal medical institutions in urban areas introspection, disputes between doctors and patients, and disposed of by the municipal medical center is responsible for other disputes between doctors and patients in medical institutions, the local County (City) district medical centres responsible for disposal.

    16th Medical Center performs the following duties:

    (A) guiding the work of doctor-patient dispute mediation Committee;

    (B) to medical institutions for the prevention of medical disputes comments, suggestions;

    (C) to inform the relevant government departments of doctor-patient dispute and mediation work.

    17th medical disputes Mediation Committee shall perform the following duties:

    (A) in mediating disputes between doctors and patients, prevent medical dispute intensification;

    (B) promote laws, regulations, rules and medical knowledge to guide patient and fair based on fact and law by the parties to resolve the dispute;

    (C) to the patients and their relatives or medical institutions of doctor-patient dispute advice and services;

    (D) between doctor and patient on their agreement reached through mediation, conciliation agreement to reach an agreement, and shall make a written decision on the termination of conciliation, and informed by litigation solutions to find greed?

    18th medical disputes can be resolved through the following ways:

    (A) doctor-patient consultations bilaterally;

    (B) to the medical centre for mediation;

    (C) apply to the medical malpractice disputes to the Administrative Department of health;

    (D) bring a civil action.

    After the doctor-patient dispute in 19th, medical agencies shall, in accordance with the following process:

    (A) doctor-patient dispute, medical institutions to their subordinate administrative departments and at the Medical Center, and the Organization of expert consultation, inform patients of the consultation;

    (B) medical institutions should be carefully listened to patients ' demands, answers to patient's advice and questions, inform patients of the methods and procedures for disposal of medical dispute, completes the dispute and prevent the situation from expanding;

    (C) in the presence of both doctors and patients case, according to regulations on the handling of medical accidents sealed the scene real and related data storage information by medical institutions responsible for safekeeping;

    (D) shall keep, mediating disputes between doctors and patients in medical institutions in the process of relevant information, saving time shall not be less than one year;

    (E) disposal after the medical institutions to submit to the respective administrative departments of public health medical disputes disposal report, report and disposition of the dispute.

    Great 20 article occurred medical patient disputes Hou, patient party right to requirements check out, and copy or copy outpatient records, and hospital records, and temperature single, and orders single, and laboratory single (test report), and medical image check information, and special check agreed book, and surgery agreed book, and surgery and the anesthesia records single, and pathology information, and nursing records, and medical costs and State health administrative sector provides of other records information,.

    21st medical parties cannot determine the cause of death or disagrees with the cause of death, according to regulations on the handling of medical accidents autopsy.

    22nd Medical Center after receiving the applications for medical disputes, mediating disputes between doctors and patients under the following procedure:

    (A) promptly sent its staff to the scene to publicize relevant laws and regulations, policies and solutions, both doctors and patients through medical centres in accordance with mediation; (B) designation of 1 people's mediators as Chief Mediator and 2 people's mediators, 1 recorder to participate in mediation.

    Both doctors and patients can elect representatives to participate in the mediation, unilaterally on behalf of not more than 5 members, mediators in applying for the withdrawal and there are legal reasons, doctor-patient dispute mediation Committee should be reversed;

    (C) in ascertaining the facts, based on responsibility, prompted doctors and patients both parties reached a conciliation agreement cannot reach a mediation agreement, termination of conciliation and to inform doctors and patients.

    Claim amount RMB 100,000 or more shall be subject to forensic examination of medical malpractice or, and according to expert conclusions for mediation.  Medical dispute mediation committee mediation disputes between doctors and patients should be from the day of accepting applications for 1 month in tune with. Parties agree to an extension of doctor and patient, and can be further extended by 1 month.

    A mediation agreement has yet been reached, as mediation fails, patient parties may initiate litigation to the people's Court according to law.

    23rd Parties applying to the medical malpractice disputes to the Administrative Department of health, public health Administrative Department shall, in accordance with the relevant provisions of the regulation on the handling of medical accidents in conciliation.

    24th article of doctor-patient dispute party brings a lawsuit in the health administrative department or the Medical Center shall not handle applications for already accepts the application for mediation shall terminate the mediation, and notify the medical disputes the parties, except by the people's Court request for mediation.

    25th-patient unit, local township people's Government (Street) and grass-roots mass self-government organizations shall cooperate with handling medical disputes.

    26th article of medical liability insurance insurance agency shall, in accordance with signed agreements with medical institutions, according to the Medical Center agreement reached in the mediation agreement, complete the payment procedures.

    27th public security organ after receiving security alert on medical dispute and shall, in accordance with the following process:

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

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

    (C) disposed of all kinds of violations that;

    (D) on death in the medical institution, Taiping or funeral home refused to move the bodies of their relatives, should be ordered to his or her relatives or force the corpse to the Pacific or the funeral home;

    (E) the illegal and criminal activities according to law to carry out investigation and evidence gathering;

    (Vi) to seriously affect the normal medical office medical order, measures should be taken, France.

    The fourth chapter legal liability

    28th medical personnel in violation of the People's Republic of China practicing physicians and other provisions of the law, any of the following acts, the public health Administrative Department shall be given administrative punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) violations of administrative rules and regulations of health or technical and operating rules, causing serious consequences;

    (B) irresponsible delayed rescue and treatment of critical patients, causing serious consequences;

    (C) concealing, forging or destroying without authorization medical documents and related information.

    29th patients or their relatives, as well as other personnel of any of the following acts, the public security organs to persuade education is either invalid or consequences of, according to the People's Republic of China Law on administrative penalties for public security administrative penalties constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) occupy or Office in medical institutions, to cause trouble;

    (B) refuses to move the body morgue, a funeral home or in medical institutions pulling banners, set Hall, put up posters and other medical disorder;

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

    (D) destruction, seizing medical equipment, property and medical records, files, and other important information;

    (E) other acts that violate laws and regulations.

    30th establishing accountability mechanism for handling medical disputes in dealing with medical disputes in the process, public security, health, administration of Justice, medical centers, departments of medical institutions and their violations of the laws and regulations and these rules, negligence, failure to comply with statutory obligations, given administrative sanctions in accordance with the regulations; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    31st news organizations or journalists for truth is not known, findings not yet published misrepresentation of doctor-patient dispute reported or reported to provoke antagonism, caused serious adverse effects and consequences, in accordance with the relevant provisions of the State responsibility.

    The fifth chapter supplementary articles

    Article 32nd forces in Banyan tree disposal of medical disputes in medical institutions in accordance with army regulations, this approach is not applicable. 33rd article this way come into force February 1, 2011.