Suzhou Medical Disputes Prevention And Solution

Original Language Title: 苏州市医疗纠纷预防与处理办法

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Suzhou medical disputes prevention and solution

    (October 14, 2009 27th Executive session Suzhou people's Government on November 3, 2009, the Suzhou municipal government to 109th published since December 1, 2009) Chapter I General provisions

    The first in order to effectively prevent and handle medical disputes, protect the legitimate rights and interests of the patients and medical institution and its medical staff, maintain order, ensure medical safety, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Medical dispute in these measures in article, refers to both doctors and patients to the medical institution and its medical staff in medical practice for medical nursing behavior and its reasons and results, responsibility, understanding disagreement and controversy.

    Article these measures applicable to the municipal medical institutions at all levels within the administrative area of medical disputes prevention and treatment.

    Article fourth prevention and disposal of medical dispute, shall follow the prevention, principles of law, fair and accessible in a timely manner.

    Fifth public health Administrative Department shall perform supervision and administration functions, guide the prevention and treatment of medical disputes in medical institutions.

    The judicial administrative organs shall strengthen guidance to the work of doctor-patient dispute mediation Committee.

    Public security organs should strengthen security management in medical locations, clear local treatment procedures and methods of work, maintain normal order and protecting people's medical rights.

    Sixth of municipal and county-level cities and districts of doctor-patient dispute mediation Committee (hereinafter referred to as the Commission) is a self-governing organization in mediating disputes between doctors and patients.

    Article news media should abide by the provisions of the relevant laws, regulations, rules, social responsibility, abide by professional ethics and objective and impartial coverage of medical disputes, the correct play supervision role.

    Chapter II medical dispute prevention

    Article eighth administrative departments for public health shall regulate medical practice access and strengthen the practice of supervision and management of medical institution and urge the medical institution and its medical staff to improve the quality of medical services and guarantee medical security and safeguard patients ' interests.

    Nineth medical institutions shall, in accordance with national and provincial regulations in medical liability insurance.

    Tenth medical institutions shall, in accordance with the relevant provisions of the laws, regulations and rules, establish and improve the quality of medical responsibility for security, medical monitoring and evaluation, such as doctor-patient communication, medical malpractice liability system to prevent medical accidents, reduce medical disputes.

    A medical institution shall arrange reception sites equipped with dedicated personnel receive patients ' inquiries and complaints.

    11th medical disputes in medical institutions should develop disposal plans and report to local health administrative departments and public security organ for the record.

    12th medical personnel should comply with the following provisions, prevent medical disputes from happening:

    (A) the health and compliance with laws, rules, regulations and medical care standards, General;

    (B) establish the professionalism, adherence to professional ethics, protection of patient privacy;

    (C) efforts to study business, update knowledge, improve the level of expertise;

    (D) on the premise of avoiding an adverse effect in patients with, inform patients and medical measures, health risks and medical conditions, and to answer their inquiries in a timely manner;

    (E) in accordance with the provisions of written records, no concealment, falsification or destruction of medical documents and related information.

    13th patients enjoy the right to health, right to information, decision, the right to privacy.

    14th patient shall fulfil the following obligations:

    (A) comply with the regulations of medical institutions and medical orders;

    (B) address condition to the medical staff, with medical staff for diagnosis and treatment and care;

    (C) timely payment of medical expenses.

    Chapter III medical malpractice report

    15th medical disputes in medical institutions shall set up and improve the reporting system, not withholding or delaying report false claim and medical disputes.

    Medical institutions and medical personnel for medical disputes or found that patient acts interfering with the medical order, shall be reported in accordance with the provisions of the regulation on the handling of medical accidents, and take effective measures to prevent the situation from expanding.

    16th patient has any of the following circumstances, medical institution in case to discourage invalid and should be immediately to the local public security organ alerts:

    (A) the mob occupied the medical institution or workplace;

    (B) refused to move the body mortuary or funeral home;

    (C) in the medical institution banner, Hall, put up posters, etc;

    (D) prejudice or interfere with normal lives of medical staff, insult, slander, threats, beatings or violations of the freedom of medical personnel of medical staff;

    (E) the destruction of the equipment of medical institutions, property and medical records, files, and other important information;

    (Vi) other acts that seriously disrupt the order.

    Chapter fourth dealing with medical disputes

    Article 17th after medical disputes, medical disputes in medical institutions should initiate preparedness, and dealt with in accordance with the following procedure:

    (A) according to the plans of call of duty, control measures and prevent the situation from expanding, inform patients of the expert consultation in a timely manner and report to local health administrative departments of medical institutions;

    (B) in the presence of both doctors and patients case, in accordance with the relevant provisions of the regulation on the handling of medical accidents sealed and unsealed field related to physical and medical records; (C) patients die within medical institutions should immediately moves the body mortuary or funeral home.

    Doctor and patient cannot ascertain the cause of death or the cause of death has objections, in accordance with the relevant provisions of the regulation on the handling of medical accidents;

    (D) inform patients of the medical disputes and procedures, responding patients advice and questions, guide the patient to solve disputes; (E) the two sides negotiated settlement of medical disputes, shall be received in medical institutions in place.

    Patients to hospital number 5 or more, should elect representatives for consultation, representation shall not be more than 3 people;

    (Vi) after the treatment, should be submitted to the Administrative Department of public health in dealing with medical disputes reports reflect the medical disputes and investigate and deal with the situation.

    18th after medical disputes reported to the public health Administrative Department shall, in accordance with the following procedure:

    (A) ordered medical institutions to take timely measures to prevent the situation from expanding; major medical disputes or incidents should be immediately deployed to the scene to guide and coordinate the processing;

    (B) actively dredge work, leading both doctors and patients properly solve disputes by law.

    19th public security organ after receiving the security alarm of medical disputes should be dealt with in accordance with the following procedure:

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

    (B) dredging work carried out to stop the excesses, and maintain order;

    (C) shall deal with acts that violate the administration of public security;

    (D) patients die within medical institutions, patients refused to move the body mortuary or funeral home to discourage invalid, police should assist medical institutions moved the body.

    20th medical disputes, the two sides can resolve disputes through:

    (A) voluntary consultation;

    (B) the regulating Committee for conciliation;

    (C) to the health Administrative Department in charge of medical dispute processing applications;

    (D) initiate litigation to the people's Court.

    21st medical disputes, patient seeks compensation in the amount of up to 30,000 yuan, can be settled by consultations between doctors and patients. Medical dispute occurred, patients over seeks compensation in the amount of 30,000 yuan, the parties may apply to the medical institution where the Commission will mediate.

    Need for medical malpractice, the Commission shall inform the Parties applying for medical malpractice. Admissible, the Commission should be accepted in a timely manner.

    Commission shall within 1 month from the date of acceptance of mediation the mediation ended, except for the parties agree to an extension.

    22nd medical dispute occurred, patients to medical institutions where health Administrative Department in charge of medical dispute processing of applications, the Administrative Department of public health should be dealt with in accordance with the provisions of the regulations on the handling of medical accidents.

    23rd parties have access to the courts, health administrative department or the Commission will no longer accept their application process or mediation; has been accepted, or mediation shall be terminated.

    24th the parties themselves to reach an agreement, the Commission and the conciliation agreement, the people's courts by the Administrative Department of health decision instruments in force, both doctors and patients should be in accordance with the agreement or court decision instruments entered into force.

    Chapter fifth penalty

    25th acts in violation of these measures, laws, rules and regulations on penalties from its provisions.

    26th health administrative departments and public security organs and their staff, abuse of power, deception, negligence, by their work units or by the competent authorities responsible in charge and other direct liable persons shall be given administrative sanctions.

    27th medical institutions and personnel of any of the following acts, by their work units or Administrative Department of public health shall be given administrative sanctions:

    (A) the formulation of medical dispute treatment plans;

    (B) violations of administrative rules and regulations of health or medical care standards, regular;

    (C) the irresponsible delay emergency rescue and treatment of the patient;

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

    28th patients 16th one of these measures, police should be stopped, discourage invalid and taken from the scene by law; activities contravening public security management under the People's Republic of China related provisions of the law on administrative penalties for public security.

    The sixth chapter supplementary articles

    Article 29th of this approach refers to patients, including patients, relatives of patients and other stakeholders.

    Article 30th forces in Soviet medical institutions at all levels of medical disputes prevention and treatment work, reference implementation.

    The area of disease prevention and control centers, family planning services relating to medical disputes in the performance of duties or reference. 31st article this way come into force on December 1, 2009.