Zhejiang Medical Disputes Prevention And Treatment Measures

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257703.shtml

Zhejiang medical disputes prevention and treatment measures

    (January 19, 2010 order No. 269, Zhejiang Province people's Government promulgated as of March 1, 2010) Chapter I General provisions

    The first in order to effectively prevent and handle medical disputes, protecting the legitimate rights and interests of the patient, maintaining order, according to the regulations on the handling of medical accidents and the provisions of other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second medical disputes in these measures refers to both doctors and patients due to controversy between the parties.

    Article medical disputes prevention and treatment in the administrative area of the province, these measures shall apply.

    Medical malpractice liability and compensation in accordance with the implementation provisions of the regulation on the handling of medical accidents.

    Article fourth of medical disputes prevention and treatment should adhere to prevention, principles of equitable, timely, convenient and dealt with according to law.

    Fifth people's Governments above the county level shall strengthen the medical disputes prevention and treatment work of leadership, urging relevant departments to perform their duties, coordinate and solve major problems in medical disputes prevention and treatment work.

    Sixth Department of the people's Governments above the county level health shall strengthen the supervision and administration of medical institutions and personnel, and urged medical institutions improve the quality of medical services, medical security and medical disputes prevention and treatment work.

    Public security organs shall safeguard the people's Governments above the county level medical institutions of law and order, strengthen internal security work in medical institutions of supervision and guidance, timely investigate and deal with acts in violation of public security regulations.

    Judicial administrative departments should strengthen the people's Governments above the county level to guide the work of people's mediation of medical dispute.

    Insurance supervision and Administration Department shall strengthen the supervision and administration of medical liability insurance.

    Article seventh patient organization, neighborhood offices and patients living in the Township people's Government, the village (neighborhood) committees, shall cooperate with do a good job handling medical disputes.

    Eighth of municipal or County (City) establishment of medical dispute mediation Committee (hereinafter referred to as doctors), the district according to the actual need for doctors, responsible for the administration of medical disputes in the people's mediation work.

    People's mediators of the medical equipment and management, by the city and County (city, district) people's Government.

    Medical-medical dispute in mediation shall not charge a fee, which funds and people's mediators paid subsidies by the people's Governments at the corresponding level to resolve it.

    Nineth of municipal and County (city, district) people's Government in accordance with this administrative area of medical disputes prevention and treatment work to the actual needs, establishing the medical liability insurance system or the medical liability system.

    Article tenth print, radio, TV, websites and other media should abide by professional ethics, in accordance with the provisions of relevant laws and regulations, objective and impartial coverage of medical disputes, and correctly guide public opinion.

    Chapter II prevention and disposal

    11th medical institution and its medical staff in medical activities shall be subject to strict compliance with health management laws, rules, regulations and medical care standards, regular and abide by the professional ethics of medical services.

    12th medical institution and its medical staff should be the patient's condition, medical interventions, health risk, inform patients, answer patient inquiries in a timely manner but may have an adverse effect on the patients, you can tell his close relatives. Need to implement operation, special examination, special treatment and experimental clinical medicine, medical institution and its medical staff shall obtain the written consent of the patient cannot or should not be explained to patients should be indicated to the close relatives of the patients and obtain their written consent.

    Rescue emergencies such as dying patients, unable to obtain views of the patient or his close relatives, in accordance with the provisions of relevant laws and administrative regulations.

    13th medical institutions should strengthen their medical and health management laws, regulations and rules and standard care clinics, regular training as well as professional ethics education of medical service, establishing illegal medical staff accountability, quality monitoring and evaluation system, and medical safety responsibility system.

    A medical institution shall establish and improve doctor-patient communication system, set the reception site, equipped with (and) staff, receive inquiries and complaints of the patients or their close relatives, troubleshooting and dealing with problems in a timely manner.

    Article 14th medical institutions should develop emergency preparedness of medical disputes and report to local health administrative departments and public security organ for the record. 15th patient shall comply with medical regulations, tell the medical personnel informed with a medical condition, medical history and other circumstances related to the activities, with the medical staff to carry out the necessary examinations, treatment and care.

    Patient medical disagrees with the conduct, must go through legitimate channels to express their views and demands. 16th provincial health administrative departments shall establish a comprehensive major medical malpractice reporting system.

    Medical institutions shall, in accordance with his obligations under the reporting system reporting obligations, may conceal, delaying the report false.

    Article 17th after medical disputes, medical institutions shall, in accordance with the actual situation of medical disputes, take appropriate measures for the disposal of the following:

    (A) inform the patient or his close relatives of specific practices and procedures relating to disposal of medical dispute; the patient or his close relatives request consultation, should be told to nominate not more than 3 representatives participated in the consultations.

    (B) disputes the medical organization expert consultation or discussion, discussion and consultation or inform the patient or his close relatives.

    (C) together with the patient or his close relatives to the scene real and relevant medical records are sealed and unsealed.

    (D) patients die within medical institutions, required to move the corpse of a funeral parlour; disagrees with close relatives on the cause of death of the deceased, the required autopsy.

    (E) for medical treatment of disputes affecting the normal order in time to alert the public security authorities at their place.

    (F) cooperate with the health Administrative Department and the public security organs, doctors and other departments and agencies do the investigation work.

    Disposal of medical dispute needs to immediately activate emergency response plans, and should take appropriate measures in accordance with plans and prevent the situation from expanding.

    Article 18th after medical disputes reported to the administrative departments of public health, shall order the medical establishment to take immediate and effective measures, if necessary, send to the scene to guide and coordinate the disposal that will take both parties to properly solve medical disputes by law.

    19th public security organ after receiving the security alarm of medical disputes, shall immediately organize police forces rushed to the scene, to discourage the excesses on both sides; to discourage invalid, it shall be stopped and controlled the situation, maintain normal medical working order; in medical institutions the morgue, mourning, discouraging invalid, the public security organ shall order him to desist from the illegal act and disposed of according to law.

    20th medical treatment after a dispute has arisen, the parties may resolve on their own, can also apply to the place where medical doctors will mediation; not willing to negotiation, mediation or negotiation, mediation, may apply to the administrative departments of public health medical malpractice administrative processing, or initiate litigation to the people's Court.

    Medical malpractice claims more than 10,000 yuan, the public agency shall not themselves.

    Parties to apply for medical-mediation, claims more than 100,000 yuan, should entrust the technical appraisal for medical accidents, and clearly define responsibilities. 21st due to adverse drug reactions or medical device adverse events caused by medical malpractice, medical institutions shall pay the compensation fee according to expert conclusions to the injured party.

    Specific compensation measures by the provincial food and drug administration, in conjunction with finance, health and civil affairs departments.

    Medical institutions after paying compensation according to law to medicine or medical device production, recourse against the operator.

    Chapter III's mediation

    22nd medical will assume the following responsibilities:

    (A) the mediation of medical dispute;

    (Ii) mediation, advocacy-related laws, rules and regulations and medical knowledge;

    (C) report to sectors such as health, administration of Justice medical dispute and mediation;

    (D) the analysis of the causes of medical disputes and medical dispute precaution advice and recommendations to the medical institutions;

    (V) provision of advisory services relating to medical disputes;

    (Vi) other duties stipulated by the people's Governments above the county level.

    Article 23rd doctors 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.

    24th the hospital shall establish a related medical and pharmaceutical experts and legal experts, investigation, assessment and mediation for medical disputes providing technical advice.

    25th medical application for medical dispute mediation for parties, admissible, shall, within 3 working days to be admissible; not admissible, inadmissible, notify the parties in writing and state the reasons.

    After the doctors will accept an application for mediation shall inform the parties in mediation activities to enjoy rights and bear obligations.

    26th medical dispute to the application of any of the following circumstances, doctors will not be considered; has been accepted, and terminate the mediation:

    (A) one of the parties to the court proceedings;

    (B) the party has applied to the administrative departments of public health medical malpractice administrative process;

    (C) the party refuses medical mediation;

    (D) have medical mediation the mediation agreement is reached, a party for mediation again;

    (E) the illegal practice of dispute.

    Termination of conciliation, it shall notify the parties in writing and state the reasons.

    27th after doctors will accept an application for mediation of medical dispute shall specify 1 name arbitrators to mediate host, and may need to specify the number of arbitrators to participate in mediation, parties avoided demands on people's mediators, should be replaced.

    Parties may appoint a lawyer or other representative to participate in mediation, the principal shall be submitted to the medical power of attorney.
28th medical should be accepting the mediation of medical dispute within 7 working days from the date of filing, respectively, to the understanding of the relevant facts and circumstances of the parties, and based on the victim's request, investigation, verification, assessment.

    Medical dispute in the mediation process, arbitrators need access to medical information, to ask the relevant experts and staff counselling, or, relevant units and personnel should be given support. 29th resolve medical disputes by mediation, conciliation agreement shall be made.

    Seal of the conciliation agreement shall be signed by the parties, or by fingerprint, mediators signed and sealed by the doctors after the entry into force.

    The conciliation agreement reached in accordance with law, the Parties shall conscientiously fulfil. 30th medical should be 30 working days from the date of accepting applications for interior knots.

    Due to special circumstances extend the mediation period, doctors and the parties may agree to extend the time limit within the specified period of a mediation agreement has yet been reached, as mediation fails.

    Fourth chapter of medical responsibility insurance and medical liability risk management

    Article 31st of medical liability insurance system in cities and counties (cities, districts) of the public medical institutions shall be according to the relevant provisions of national and provincial participation in the medical liability insurance, non-public medical institutions may voluntarily participating in medical liability insurance.

    Medical institutions are encouraged to write medical liability insurance the insurance institutions insure public liability insurance.

    Articles 32nd to write medical liability insurance insurance agencies should follow the principle of guaranteed profit, determined reasonable insurance rates, and over the compensation of medical dispute in different medical institutions implementing the floating rate system.

    Article 33rd in medical liability insurance of medical institutions, spending on the medical liability insurance premiums, operating expenses would be covered by medical institutions, according to the provisions included in health care costs. Article 34th medical disputes need insurance, the medical institution shall truthfully provide medical disputes related to insurance agencies.

    Insurance institutions should be involved in dealing with medical disputes and medical liability insurance contract compensation insurance benefits.

    Parties to an insurance institution should be negotiated agreements, doctors will be reached in the conciliation agreement, the conciliation statement or entry into force of the people's Court judgments, as a basis for medical liability insurance claims, compensation in a timely manner.

    Article 35th of the medical liability system, and counties (cities, districts) of the public medical institutions shall, in accordance with the provisions of the people's Governments at the corresponding level for medical liability risks of gold, non-public medical institutions may voluntarily pay medical liability hazard.

    Medical liability system referred to in the preceding paragraph, refers to a number of medical institutions pay funds according to a certain proportion, unified management, integrated, distributed medical liability risks of medical institutions to ensure patients get timely compensation for damage as a result of medical mutual assistance regimes that have been established.

    36th medical liability hazard in accordance with fixed income, balance of payments, guarantees moderate principles, implementation of store accounts, earmarking.

    Gold medical institutions pay medical liability risks from operational costs would be covered by medical institutions, accounted for in the costs of medical care.

    Medical disputes and pay medical liability damages, medical liability risk management institutions shall consult the parties reach agreement, doctors will mediation agreement reached, the conciliation statement or entry into force of the people's Court judgments, as a basis for payment of compensation, paid in a timely manner.

    37th gold medical risk liability payment, use and management of specific measures by establishing medical risk liability system of city and County (city, district) people's Government.

    The fifth chapter legal liability

    Article 38th of medical institutions and personnel of any of the following acts, the public health Administrative Department shall be ordered to correct serious cases, the persons in charge and other direct liable persons shall be given administrative sanctions:

    (A) violations of administrative rules and regulations of health or technical and operating rules;

    (B) as irresponsible of delays in the rescue and treatment of patients with acute diseases;

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

    (D) failing to inform patients, medical practices and health risks;

    (E) failing to consent of the patient or his close relatives operation, special examination, special treatment and experimental clinical medicine;

    (Vi) not the enactment of medical disputes in emergency preparedness;

    (VII) failing to report to the local administrative Department of public health major medical malpractice;

    (H) the behavior of others given administrative sanctions according to law.

    39th patient or his close relatives and relevant personnel have one of the following acts, the public security organs shall deal with:

    (A) occupy the clinic, Office, or at the clinic, Office banner, set up mourning Hall, putting up posters, or refuses to move the corpse funeral home, disturb the normal order of medical institutions;

    (B) impede physicians practise according to law, insult, slander, threats, assault and medical personnel, or violations of personal freedom, interfere with normal lives by medical personnel of medical staff;

    (C) Rob, damaged medical facilities, equipment or medical records, files, and other important information;

    (D) other acts that should be dealt with according to law.

    40th medical articles and its people's mediators in the mediation of medical dispute in serious dereliction of duty or violating, by the right to be dealt with according to law.

    41st people's Governments above the county level health, administration of Justice, public security and other departments and insurance regulatory bodies and their staff in medical disputes prevention and treatment work, violation of these rules, dereliction of duty, abuse of authority or engages in, by the competent authority responsible for the personnel and other persons directly responsible shall be disciplined.

    42nd acts in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 43rd these measures shall come into force on March 1, 2010.