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Zhejiang Medical Disputes Prevention And Treatment Measures

Original Language Title: 浙江省医疗纠纷预防与处理办法

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Prevention and treatment of medical disputes in the province of Zangi

(Act No. 269 of the People's Government Order No. 269 of 19 January 2010)

Chapter I General

Article 1, in order to effectively prevent and deal with medical disputes, protect the legitimate rights and interests of the health-related parties, preserve the medical order, develop this approach in line with the provisions of the Medical Accident Control Regulations and other relevant laws, regulations.

Article 2 of this approach refers to medical disputes that arise from medical conduct between the medical parties.

Article 3. Prevention and treatment of medical disputes in the administration of this province shall apply.

The responsibility for medical accidents is determined and compensated for implementation in accordance with the provisions of the Medical Accident Control Regulations.

Article IV Prevention and treatment of medical disputes should uphold the principles of prevention as the primary, fair and timely people and the law.

Article 5 Governments of more people at the district level should strengthen their leadership in the prevention and treatment of medical disputes, and urge the authorities concerned to discharge their duties under the law and to coordinate key issues in the prevention and treatment of medical disputes.

Article 6. The Government's health administration should strengthen the supervision of medical institutions and their medical personnel in accordance with the law, promote the quality of medical services, guarantee medical safety, and manage medical disputes.

The public security authorities of the people at the district level should maintain the order of the medical institutions in accordance with the law, strengthen the supervision and guidance of the internal security defence of the medical institutions, and promptly investigate violations of the provisions of the security administration.

The administration of justice at the district level should strengthen the guidance on the mediation of the people of medical disputes.

The insurance supervisory body should strengthen the supervision of the medical liability insurance by law.

Article 7. The patient's unit and the People's Government of the town of the patient's residence, the Street Office, the Village (LNL) Commission should be aligned with the handling of medical disputes.

Article 8. Municipalities, districts (markets) established the Commission for the Mediator of the People of Medical Disputes (hereinafter referred to as the Medical Consultative Chamber), which established a medical consultation in accordance with the actual needs of the communes responsible for the mediation of the people of medical disputes in the present administration.

The staffing and management of the People's Mediator is provided by the Government of the city, the district (communes, districts).

Medical disputes may not be charged by the Medical Coordination Board, whose funds and the payment of compensation for the people mediator are addressed by the Government of the people at this level.

Article 9. Governments of municipalities, districts (communes, districts) may establish a medical liability insurance system or a medical liability liability liability liability liability insurance system, in accordance with the actual needs of medical disputes in the current administrative region.

Article 10 media, such as newspapers, radio, television and websites should adhere to professional ethics and objectively and impartially cover medical disputes, in accordance with the relevant laws, regulations and regulations.

Chapter II Prevention and disposal

Article 11. Medical institutions and their medical personnel should strictly adhere to the health-management laws, regulations, regulations and the rules of medical care, and the norms of medical care, as well as to the ethics of medical services.

Article 12 Medical institutions and their medical personnel should communicate patients' morbidity, medical measures, medical risks, etc., to the patient in a timely manner, and to respond to the patient's counselling; however, it may have adverse consequences for the patient and inform her close relatives.

Medical institutions and their medical personnel should obtain written consent to patients if they are unable or are not appropriate to make a patient's statement and should be given written consent. In emergencies such as patients who are at risk of life, they cannot obtain the advice of the patient or his close relatives, and are implemented in accordance with the relevant legislation, administrative regulations.

Article 13 Medical institutions should strengthen the health-care management laws, regulations, regulations and therapeutic care norm, conventional training and professional ethics of medical services, and establish systems for the accountability of sound medical personnel for violations, medical quality control and evaluation systems, health safety responsibilities.

Medical institutions should establish a system for the transmission of health patients, set up reception sites, equipped with special (a) staff, receive counselling and complaints from patients or their close relatives, and respond and address related issues in a timely manner.

Article 14. Medical institutions should establish medical dispute response scenarios and report on the location's health administration and public security authorities.

Article 15 patients should comply with the regulations of the medical institutions, such as the fact that health-care providers are informed of the illnesses, illnesses, etc. relating to therapeutic activities, as well as medical personnel with the necessary inspection, treatment and care. The patient's objection to medical acts should express his or her views and requests through legal channels.

Article 16 states that the provincial health administration should establish a robust reporting system for major medical disputes. Medical institutions should perform reporting obligations in accordance with the reporting system and should not conceal reports, debriefs and false reports.

When a medical dispute arises, the medical institution shall take the following measures to deal with it in accordance with the reality of the medical dispute:

(i) To inform patients or their close relatives of specific approaches and procedures regarding the treatment of medical disputes; the patient or his close family requests consultation, which should be informed that they should not exceed three representatives.

(ii) The organization of expert meetings or discussions on the medical conduct of disputes and will inform patients or close relatives of the views discussed.

(iii) Contain and envelope information on the ground and related illnesses with patients or their close relatives.

(iv) The death of the patient within the medical institution, by virtue of the provision for the removal of the body to the premises; the appellate of the deceased's relatives objected to the death and the conduct of a mortem.

(v) Timely alert to the local public security authorities due to the impact of medical disputes on the normal medical work order.

(vi) In collaboration with the health administration, public security agencies, health clinics and institutions to investigate evidence.

The handling of medical disputes requires the immediate commencement of emergency disposal scenarios, which should take appropriate measures to prevent the expansion of events, in accordance with the provisions of the advance case.

When the health administration has received reports of medical disputes, it should be responsible for immediate and effective measures by medical institutions, where necessary, to carry out on-site guidance, to coordinate the handling process and to direct parties to resolve medical disputes properly by law.

The public security authorities should immediately organize a police force to go on to the ground to persuade the parties to act insecure; to discourage invalidity, it should be stopped by law, to control the expansion of the state of affairs and to maintain a normal medical service order; and to discourage invalidity, the public security authorities should be responsible for halting violations and to dispose of them in accordance with the law.

When a medical dispute arises, the parties may consult themselves and may apply for mediation to the medical clinic at the medical facility's location; reluctance to consult, mediation or consultation, mediation, and non-conclusive mediation can apply to the health administration for administrative handling of the medical accident dispute or to the People's Court.

Medical disputes claim amounts to more than one million dollars, and public health agencies may not consult themselves.

The parties apply for the mediation of the Medical Clinic, which amounts to more than 10,000 dollars, should jointly entrust medical accident technical identification with clear responsibility.

Article 21, medical disputes arising from the adverse response to drugs or from the adverse incidents of medical equipment, should be paid by medical institutions to the injured party in accordance with the findings. Specific remedies are developed by provincial food medicine surveillance authorities in conjunction with provincial finances, health, civil affairs.

After paying compensation payments by medical institutions, the production and operation of medicines or medical equipment may be paid by law.

Chapter III Mediation

Article 22 provides the following duties:

(i) Mediation of medical disputes;

(ii) Promote relevant legal, regulatory, and medical knowledge through mediation;

(iii) Reports on medical disputes and mediation efforts to sectors such as health, the administration of justice;

(iv) Analyse the causes of medical disputes and make observations and recommendations to medical institutions for the prevention of medical disputes;

(v) Provide advisory services on mediation of medical disputes;

(vi) Other responsibilities provided by the Government of the people at the district level.

Twenty-third people mediators of the Medical Service should be publicized, good and experienced in medical, legal expertise and mediation efforts and be keen to work in people mediation.

Article 24 should establish an expert pool composed of experts, such as medical, pharmaceutical and legal, to provide technical advice for investigations, assessments and mediation of medical disputes.

Article 25 Emerging requests for medical disputes to be submitted by the parties, in accordance with the conditions of admissibility, shall be admissible within three working days; inadmissibility, written notification of the parties and reasons.

After receiving mediation requests, it should be communicated to the parties the rights and obligations they enjoyed in mediation activities.

Article 26 requests for mediation of medical disputes are one of the following cases and are inadmissible; mediation has been accepted and terminated:

(i) The prosecution of a party to the People's Court;

(ii) The party has applied to the health administration for administrative handling of medical accidents;

(iii) The party's refusal to mediate mediation;

(iv) There has been no mediation agreement between the Medical Coordination Board and the parties once again apply for mediation;

(v) Disputes arising from illegal medical care.

To put an end to mediation, the parties should be notified in writing and justified.

Article 27 should be appointed by a popular mediator to serve as the moderator and may appoint a number of people mediators to participate in the mediation as required; and the parties should change the demands of the sensor.

The parties may entrust lawyers and other agents with engaging in mediation activities, and the facilitators should submit a letter of authorization to the ITU.

The twenty-eighth Consultative Chamber shall, within seven working days from the date of receipt of requests for mediation of medical disputes, communicate the facts and circumstances to the parties, respectively, and organize investigations, verifications, assessments, as required by the parties.

In the course of medical disputes mediation, the people mediators need access to medical information, advice to relevant experts and personnel or queries, and the relevant units and personnel should be synchronized.

The twenty-ninth medical disputes settled by mediation should be developed. The letter of mediation agreement is entered into force by the signature of the parties, the Gay chapter or by reference, with the signature of the mediator and the addition of the Médecins.

The mediation agreement reached by law should be carried out by both parties.

Article 33 shall be closed within 30 working days of the date of receipt of the request for mediation. Owing to the need for extension of the duration of mediation in exceptional circumstances, the ITU and the parties may agree on the duration of the extension; beyond the agreed time frame, the mediation agreement has not been reached as mediation.

Chapter IV

Article 33 Public health institutions that implement the medical liability insurance system, in the municipalities, districts (markets, districts) should participate in the medical liability insurance as provided by the State and the provincial concerned, and non-public medical institutions could voluntarily participate in the medical liability insurance.

Medical institutions are encouraged to pay insurance coverage to insurance agencies that are insured with public responsibility.

Article 32 Insurance institutions that are insured with medical liability insurance should be guided by the principle of saving micro-lihoods, a reasonable cushion rate and a buoyage system based on compensation for medical disputes in various medical institutions for calendar years.

Article 33 participates in medical institutions that are covered by the medical responsibility insurance, and its medical liability insurance premiums are charged from the operating expenses of the medical institution, which is provided for in the medical costs.

When a medical dispute arises, insurance claims are required, and medical institutions should provide medical disputes to the insurance agencies in practice. Insurance institutions should be involved in the handling of medical disputes in a timely manner and assume responsibility for compensation insurance in accordance with the agreement of the medical liability insurance contract.

The insurance agencies should make reparations in a timely manner as a basis for the medical liability insurance scheme, as agreed by the parties in their consultations, the agreement reached by the medical consultations, the letter of mediation made by the People's Court of Justice or the judgement.

Article XV provides for public medical institutions that implement a medical liability scheme, in the city, in the district (communes, districts) and in accordance with the provisions of the Government of the people at this level, and non-public medical institutions may voluntarily pay their medical liability.

The above-mentioned health liability risk insurance regime refers to the system of mutual assistance established by a multi-donor medical institution to pay funds in accordance with a certain proportion of payments, to introduce a unified management, integrated use, to protect the risk of dispersing medical responsibilities and to ensure prompt compensation for patients subject to medical damage.

Article 36 Risks of medical responsibility are governed by the principle of payment, balance of payments and guarantees of affordability, with exclusive storage, earmarking.

The risk of medical responsibility paid by medical institutions is reflected in the operating expenses of medical institutions and is taken into account in the cost of medical institutions.

After a medical dispute, the payment of medical liability compensation is required, and the medical liability risk management body shall consult the parties, the agreement reached by the medical mediation, the letter of mediation made by the People's Court of Justice or the judgement, which shall be paid in a timely manner as a basis for payment of compensation payments.

Article 37 Specific approaches to the payment, use and management of health-risk responsibilities are provided by the Government of the People's Government to establish a medical risk liability scheme.

Chapter V Legal responsibility

Article 338 Medical institutions and their medical personnel have one of the following acts, which are being rectified by the executive officer of the health administration; in serious circumstances, the responsible supervisors and other persons directly responsible are treated in accordance with the law:

(i) Violations of the health administrative regulations or the technical operation regulations;

(ii) Resistance and treatment of patients at risk due to irresponsible delays;

(iii) To conceal, forfeiture or unauthorized destruction of medical instruments and related information;

(iv) Failure to communicate patients' morbidity, medical measures and medical risks in accordance with the provisions;

(v) No medical treatment is provided for by a patient or his close relatives to consent to the operation, special inspections, special treatment, experimental clinical treatment;

(vi) No advance cases of emergency treatment of medical disputes;

(vii) No major medical disputes were reported to the territorial health administration, as required;

(viii) Other acts punishable by law.

Article 39: The patient or his close relatives and the persons concerned have one of the following acts by the public security authorities:

(i) The possession of medical treatment, office premises or the disruption of the normal order of medical institutions, either in the case of medical treatment, incarceration, in the place of office, in the form of a seal, or in the refusal to relocate the body to the funeral;

(ii) Obstacles the legal profession, insults, defamation, threats, beating medical personnel or violates the freedom of medical personnel and interfere with the normal life of medical personnel;

(iii) The seizure, destruction of facilities, equipment or material such as illnesses, archives;

(iv) Other acts to be dealt with by law.

Article 40 Medical counsellors and their people mediators work in the area of medical dispute mediation, with serious negligence or infraction, are dealt with by law by the competent authority.

Article 40

Article 42 commits a violation of the provisions of this approach, which constitutes an offence and is criminalized by law.

Annex VI

Article 43