Advanced Search

Interim Measures For The Prevention And Disposal Of Medical Dispute In Luoyang City

Original Language Title: 洛阳市医疗纠纷预防与处置暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Provisional approach to the prevention and disposal of medical disputes in the city of Loy

(Letter dated 17 November 2009 from the 35th ordinary meeting of the Government of the Liveli City to consider the adoption of Decree No. 106 of 19 November 2009, of the Decree No. 106 of the Government of the Livestock People, effective 1 January 2010)

Chapter I General

Article 1, in order to effectively prevent and properly dispose of medical disputes, protect the legitimate rights and interests of patients and their families, medical institutions and their medical personnel, guarantee medical safety, maintain the medical order and develop this approach in line with the relevant laws, regulations.

The medical disputes referred to in article II of this approach refer to disputes arising from medical treatment, care behaviour and results of medical institutions and their causes and responsibilities in recognition of differences.

The approach refers to the families of the patient, who are close relatives of the patient.

Article 3. Prevention and disposal of medical disputes within the city's administration, with the exception of the provisions of the law, legislation and regulations.

Article IV. The health administration should perform its oversight functions in accordance with the law and guide medical institutions in the prevention and disposal of medical disputes.

Article 5 Public security authorities should strengthen the security management of medical places and deal with destabilization of medical order by law.

Article 6. The administration of justice should form a medical dispute mediation organization (hereinafter referred to as a mediation organization) and guide the mediation organization.

Article 7. News institutions should comply with the relevant laws, regulations, adherence to ethics, objective and impartial coverage of medical disputes and the right direction of social opinion.

Article 8. Medical institutions should strengthen their own management, improve the quality and service levels and ensure medical safety.

Article 9. The rights and interests of patients are protected by law and should be upheld by law.

Chapter II

Article 10. The health administration should regulate access to the medical institutions, enhance monitoring and management of the operation of the medical institutions, promote the quality of medical services, guarantee medical safety and protect the interests of patients.

Article 11. The municipal health administration should organize public health institutions to participate in health risk insurance, and other medical institutions may participate on a mutatis mutandis.

Medical institutions may not increase the burden of patients due to their participation in insurance.

Article 12 Medical institutions should establish systems for the prosecution of perpetrators of violations committed by health personnel, medical quality control and evaluation systems, medical transmission systems, security accountability systems.

Medical institutions should establish reception facilities and receive counselling and complaints.

Article 13 medical institutions should establish pre-dispositions for medical disputes and report back to the health administration and the public safety authority.

Article 14. Medical personnel shall comply with the following provisions to prevent the occurrence of medical disputes:

(i) Compliance with the norms of health law, regulations, and technical operation;

(ii) To establish a spirit of professionalism, respect for professional ethics, strengthen responsibility, care, respect for patients and protect the privacy of patients;

(iii) Storage operations, updating knowledge and upgrading the level of technology;

(iv) To avoid adverse consequences for patients, and to respond to them in a timely manner, in cases such as real notification of the sick, medical measures, medical risks and medical costs;

(v) In accordance with the provisions of the State Department's Health Administration, the medical instruments and related information shall not be concealed, forged or destroyed.

Article 15. The patient and his family shall comply with the following provisions:

(i) Compliance with the regulations of medical institutions and the maintenance of medical order;

(ii) Coher with medical staff for diagnosis, treatment and care;

(iii) Payment of medical expenses on time;

(iv) After a medical dispute, opinions and requests are expressed by law.

Chapter III Dispute disposal

When a medical dispute arises, the health-related parties can resolve through their own consultations, mediation, arbitration, litigation.

The public medical institution had a medical dispute with a claim amount not exceeding 5,000 dollars, which could be consulted with the patient and his family themselves; the amount of the claim was not exceeding 5,000, which could be conciliationd through conciliation organizations; the amount of the claim exceeded 50,000 dollars should be resolved through arbitration, litigation.

The number of patients and their families, in their own consultations and in mediation, should be increased by more than five representatives and not more than three.

The following provisions should be taken into account after medical disputes occur by medical institutions:

(i) Profile of medical disputes, the timely organization of the expert opinion of the Committee on the Safety of Health Care in Hospitals, which will inform patients and their families of the arguments and report to the health administration to the effect that reports, suspensions, lies cannot be concealed;

(ii) In the event of the joint presence of the health-related parties, in accordance with the standards set out in the Medical Accident Control Regulations, in-kind and related medical information;

(iii) The death of the patient within the medical institution and the transfer of the body to the ACP or the Imam, as prescribed by the regulations, prevents both parties from identifying the causes of death or objecting to the death, and carry out mortuary inspections in accordance with the standards set out in the Medical Asset Disposal Regulations;

(iv) To inform patients and their families of the methods and procedures regarding the treatment of medical disputes and to respond to counselling and questions from patients and their families;

(v) Upon disposal, reports on the disposal of medical disputes are submitted to the health administration, which reflects the occurrence and disposition of medical disputes.

Article 18

(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 of the security management of the ground by law;

(iv) Deaths of patients within medical institutions, and their families refuse to relocate the body to too-to-au- or to reservoirs, which are deemed null and void.

Article 19

(i) Mediation of medical disputes to prevent the escalation of medical disputes;

(ii) To promote legal, regulatory, and medical knowledge through mediation efforts, by leading medical parties to resolve disputes on the basis of facts and laws fairly;

(iii) Provide counselling and services for medical disputes to patients and their families or medical institutions;

(iv) The production of written conciliation agreements when mediation is agreed;

(v) To make observations and recommendations to health-care institutions for the prevention of medical disputes;

(vi) To reflect medical disputes and mediation efforts to the relevant Government departments.

Article 20 shall be carried out in accordance with the agreed elements, either by consultation with each other or through mediation.

Article 21 Insurance companies shall investigate, verify and award in accordance with the relevant provisions and in accordance with the relevant legal provisions and insurance contracts.

Chapter IV Legal responsibility

In violation of this approach, the Health Administration and its staff, medical institutions and their medical personnel have provided for the penalties provided for in the laws, regulations and regulations such as the Law of the People's Republic of China, the Medical Accident Control Regulations.

Article 23. Medical institutions have not established pre-removal cases relating to medical disputes, which are being corrected by the urban health administration. In serious circumstances, the responsible supervisors and other responsible persons are treated by law.

In violation of this approach by medical personnel, one of the following acts is punishable by law by the health administration; constitutes an offence punishable by law:

(i) In violation of the laws on health management or the norms governing the operation of technology, causing 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 and in kind.

Article 25: The patient and his family have one of the following acts, punishable by law by public security authorities; constituted an offence and prosecuted criminal responsibility by law:

(i) Size medical institutions with medical facilities, office facilities and important corridors, which render the normal work of medical institutions impossible;

(ii) The denial of the transfer of the body to the premises, or the establishment of the medical institutions in Turin, the swing circle, the buoying of the flogging and the shelling, which seriously affect the normal work order of the medical institutions and discouraged them;

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

(iv) The intentional damage or theft of important information, such as the property of medical institutions and the calendar, archives;

(v) Other disruptions in the medical order.

Patients and their families should be treated in accordance with the law.

Article 26 Press agencies or journalists have made serious reports of ill-treatment of medical disputes, which have not yet been published, causing serious social adverse impacts and consequences, in accordance with the relevant provisions of the State.

Chapter V

The disposition of medical disputes by the Medical Service of the Forces nouvelles can be carried out in the light of this approach.

The twenty-eighth approach was implemented effective 1 January 2010.