Shenzhen Interim Measures On Handling Medical Disputes

Original Language Title: 深圳市医患纠纷处理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257705.shtml

Shenzhen interim measures on handling medical disputes

    (January 22, 2010 Shenzhen Municipal People's Government released since February 22, 2010, order No. 214) Chapter I General provisions

    First in order to timely and efficiently resolve disputes between doctors and patients, curbing doctor-patient dispute triggered mass incidents, maintain normal social order and building a harmonious society, protecting the legitimate rights and interests of the patient, in accordance with national laws and regulations, based on actual city, these measures are formulated.

    Article in Shenzhen, the city's medical and family planning technical service institutions (hereinafter referred to as medical institutions) doctor-patient dispute, these measures shall apply.

    Article of doctor-patient dispute in these measures refers to patients, medical institutions and medical personnel in the implementation of medical care, prevention, health care practice of dispute caused by the damage to their legitimate rights and interests.

    Fourth dealt with disputes between doctors and patients should follow the territorial management, the principle of priority, objective and impartial mediation, fast and effective.

    Article fifth health administrative departments shall, in accordance with the People's Republic of China Law on practitioners and the People's Republic of China medical malpractice provisions of the Ordinance and other laws and regulations, and do a good job in dealing with medical disputes in the area of responsibility.

    Article judicial administrative departments should promote the construction of doctor-patient dispute mediation service, good management of medical disputes.

    Article seventh public security Administrative Department shall dispose of all kinds of medical disputes caused by security incidents, maintain social order and protect the personal and property security of citizens.

    Article eighth medical institutions should develop doctor-patient dispute preventing disposal plans, set up to handle medical disputes mechanism, technical-professional training of medical personnel, improve professional skills of medical personnel. Nineth medical organizations should be involved in medical professional liability insurance.

    Administrative Department of public health medical institutions should be encouraged to participate in medical professional liability insurance.

    Chapter mediation in disputes between doctors and patients

    Tenth levels of the people's mediation disputes between doctors and patients should be included in the scope of work of the Committee, establish a doctor-patient dispute in Street Studio, according to the actual situation at major medical institutions within the area of doctor-patient dispute resolution workshop (hereinafter "medical").

    11th medical people's mediators should have certain medical, law or psychology expertise of staff.

    Health administrative departments shall cooperate with and assist the people's mediation committees to doctor-patient dispute mediator of employment, management and training.

    12th medical disputes, the medical institution shall promptly apply for mediation to the jurisdiction medical unit, can also be used on its own to medical institutions located in area doctors for mediation.

    After receiving applications for the medical room, after reviewing the scope of people's mediation, and should be processed immediately, in the case of consensual issued to both doctors and patients of the doctor-patient dispute accept book, specify the rights and obligations of both parties and the mediation period.

    To request mediation by the Administrative Department of health, public health Administrative Department shall accept, mediation in a timely manner.

    13th in doctor-patient dispute in the mediation process, both doctors and patients the number of participants shall not be more than three people.

    14th a conciliation agreement, signed by both doctors and patients, doctors should make a written mediation agreement and sent to both doctors and patients.

    Take effect after the service of the people's mediation agreements between doctors and patients, doctors and patients should be observed.

    15th a conciliation agreement cannot be reached, doctors shall in writing inform and guide both doctors and patients dispute through arbitration or litigation.

    16th medical people in mediation, the mediator shall not be any of the following acts:

    (A) engage in deception;

    (B) insult, suppress, retaliate against or on the parties;

    (C) the divulging of privacy;

    (D) accept party treat or gift. Article 17th doctors not to doctor-patient dispute in mediation the parties free of charge.

    Doctors work according to the relevant State provisions.

    Chapter III arbitration and litigation of disputes between doctors and patients

    Article 18th between doctors and patients for medical dispute according to law court or to the Arbitration Commission for arbitration, no organization or individual shall interfere.

    Arbitration agreement reached between doctors and patients in accordance with the arbitration law, any party to an application for arbitration, the Arbitration Commission shall be accepted.

    Government should improve its medical dispute arbitration mechanism according to law.

    19th Arbitration Commission on the arbitration of doctor-patient dispute in the process of investigation required to medical institutions, medical institutions shall actively cooperate with.

    Article 20th between doctors and patients on medical institutions medical behavior constitutes medical malpractice medical medical malpractice.

    Refuses to accept the conclusion between doctors and patients in medical malpractice, the Arbitration Committee or the people's Court may also appoint judicial authentication institutions shall be forensic.

    21st patients opt for arbitration or litigation to resolve disputes and difficulties of life, you can apply for legal aid, the legal aid Department shall support.

    The fourth chapter legal liability

    22nd article in doctor-patient dispute in the medical institutions shall bear liability, have joined the medical professional liability insurance, and meets the conditions for compensation under the insurance contract, the insurance company shall compensate; do not participate in medical professional liability insurance, timely compensation to patients by medical institutions.

    Article 23rd has one of the following medical institutions, health administrative departments shall be investigated for medical institutions and major head and persons directly responsible of responsibility:

    (A) the absence of the medical disputes prevention preparedness and prevention are not in place, not disposed in time, causing serious consequences;

    (B) in dealing with medical disputes is not positive, they do not match, mediation or arbitration, not work properly;

    (C) does not comply in a timely manner of liability, resulting in intense contradictions;

    (D) other offences dealing with disputes between doctors and patients.

    Article 24th patients or other persons in the settlement of disputes between doctors and patients, any of the following acts, the public security organs shall deal, suspected of a crime, transferred to judicial organs for criminal responsibility:

    (A) occupy or in medical institutions Office entrances, containment, medical institutions, as well as other disturbing order of medical institutions, work, health care cannot be normal behaviour;

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

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

    (D) close relatives of patients with non-medical disputes the parties or organizations, instigates, coerces others interfere with doctor-patient dispute Act.

    25th health administrative departments and their staff in violation of the provisions of article, 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.

    The fifth chapter by-laws

    Article 26th units according to the approach to develop specific implementation plan and reported to the municipality for approval. 27th article this way come into force on February 22, 2010.