Benxi Medical Disputes Prevention And Solution

Original Language Title: 本溪市医疗纠纷预防与处置办法

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Benxi medical disputes prevention and solution (January 10, 2014, the 15th session of the Standing Committee of the people's Government of the 21st District, Benxi City considered by January 20, 2014, Benxi City people's Government promulgated as of March 1, 2014) first for the effective disposal of medical dispute, maintaining order, protecting the legal rights of patients, medical institutions and personnel, in accordance with the People's Republic of China Law on tort liability, the People's Republic of China people's mediation law and the medical malpractice and other related laws and regulations,

    Considering the actual situation in the city, these measures are formulated.

Second City medical disputes prevention and disposal of all kinds of medical institutions at all levels, these measures shall apply.

    Medical dispute in these measures, 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.

    Disposal should follow the mediation of medical dispute in article first, openness and transparency, the principle of fair and accessible in a timely manner and according to law.

Fourth of municipal and county governments set up the medical dispute prevention and management coordination mechanism, guide and supervise the relevant departments according to law for the prevention and disposal of medical dispute, coordinate and solve major problems in medical disputes prevention and treatment work.

City, County (district) public health Administrative Department shall perform regulatory functions, guide the prevention and treatment of medical disputes in medical institutions. Judicial Administration Department is responsible for directing the work of people's mediation of medical dispute.

Public security organs shall be responsible for maintaining medical institutions of law and order, and internal security to supervise and direct the work of medical institutions.

    The home, letters, and other relevant departments according to their respective functions to disposal of medical dispute.

Fifth of municipal and county people's mediation committees were legally established professional medical dispute mediation of medical dispute mass organization, appoint arbitrators if needed, responsible for the administration of medical dispute in mediation.

The establishment and composition of the medical dispute mediation Committee, Department of judicial administration according to law.

    Medical disputes in medical dispute mediation committee mediation are free of charge.

The sixth medical disputes Mediation Committee shall perform the following duties:

(A) receive and mediate disputes, prevent medical dispute intensification;

(Ii) mediation advocacy law, rules, regulations and medical knowledge to guide patient and fair based on fact and law by the parties to resolve the dispute;

(C) to put forward comments, suggestions for preventing medical disputes in medical institutions;

(D) the mediation of medical dispute, according to doctors and patients both parties request, specification for making a written conciliation agreement;

(E) to the patients and their family or medical disputes in medical institutions providing advisory and mediation services;

    (F) to the Government departments concerned in cases of medical disputes and mediation.

    Article news media should play a media advocacy, guidance, supervision, and advocates the establishment of a civilized and harmonious doctor-patient relationship, and promote effective prevention of medical dispute and dispose of according to law.

Article eighth health Administrative Department is responsible for organizing the medical liability insurance system, all types of medical institutions in accordance with the relevant provisions of medical liability insurance.

Insurance insurance costs from the operational costs would be covered by medical institutions, according to the provisions included in the costs of medical care, may not participate in the medical liability insurance to increase the existing fees or de facto increase the burden on patients.

Medical liability insurance the insurer within the scope of the insurance contract, assume liability for medical disputes in medical institutions.

    Insurance regulatory authority shall supervise medical liability insurance agency.

After Nineth medical disputes, medical institutions and patients can resolve disputes through:

(A) the parties voluntarily to apply to the people's Mediation Committee mediation of medical dispute;

(B) apply to the administrative departments of public health medical malpractice disputes;

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

    The tenth medical disputes in medical institutions should develop disposal plans and report to local health administrative departments for the record.

11th 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 routine and standard;

(B) comply with professional ethics, protection of patient privacy;

(C) studying business, update knowledge, and continuously improve the level of expertise;

(D) inform patients ' illness, 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.

    12th patients ' right to health, the right, choices, decisions, privacy and other rights.

The 13th party shall perform the following obligations:

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

(B) to the statement's condition, medical history and other medical personnel, combined with health professionals in the diagnosis and treatment and care;

(C) timely payment of medical expenses.

Patients may not be any of the following acts:

(A) insult, slander, threats, intimidation, damage or unlawful restriction of liberty medical personnel of medical personnel;

(B) in medical institutions deliberately damaging or theft, plunder of public or private property;

(C) assembling a crowd to occupy or Office in medical institutions;

(D) medical institutions burning the money, posting banners, posters, ornaments, placed a wreath at the Hall, illegal mortuary, and juzhongzishi;

(E) to cause trouble in the medical institutions;

(Vi) to illegally carry inflammable and explosive dangerous goods and control apparatus entered the medical institutions;

    (VII) other acts that disturb the normal order of medical institutions.

After the 14th medical disputes, medical disputes in medical institutions shall immediately start disposal plans, and in accordance with the following process:

(A) inform patients or patients ' families about methods and procedures for disposal of medical dispute and respond to patients or family members of patients with advice and questions.

(B) inform the patient or patients ' families in accordance with the provisions of the right to copy or replicate their relevant medical records.

(C) in the presence of doctors and patients both parties a common case, in accordance with the provisions of the regulation on the handling of medical accidents sealed and unsealed the scene real and relevant medical records.

(D) patients died, disagrees with the cause of death or the cause of death cannot be determined, need to inform family members of patients with autopsy according to provisions of the regulations on the handling of medical accidents. (E) the amount claimed does not exceed 10,000 yuan of medical dispute and medical institutions and patients in health facilities reception site for negotiated settlement, with representatives of the Parties shall elect no more than 3 people participated in the consultations.

Medical patient both itself consultations of, medical institutions should notification medical responsibility insurance bearing insurance institutions participate in consultations, and truthfully provides medical disputes of about situation, medical responsibility insurance bearing insurance institutions according to about provides can survey verified, compensation gold by insurance company paid; individual clinic and village health room occurred medical disputes claims amount in 10,000 yuan following of, by location County (district) health administrative competent sector organization medical patient both consultations solution.

    (F) medical malpractice claims for amounts in excess of 10,000 yuan, the medical institution shall not patients themselves should be by the people's mediation committees are responsible for the mediation of medical dispute, if any party does not agree to mediation, in accordance with regulations on the handling of medical accidents or the People's Republic of China Law on tort liability and other relevant regulations.

    15th article medical patient both common voluntary application mediation of, medical disputes people Mediation Committee should since received medical disputes mediation application of day up 3 a days within, on meet accepted conditions of mediation application be accepted, and to oral or written form told medical patient both party mediation of nature, and principles, and effectiveness and the medical patient both party in mediation activities in the enjoys of right and bear of obligations.

16th medical dispute mediation committee mediation of medical dispute in accordance with the following procedures:

(A) voluntary mediation Organization signed by both doctors and patients, doctors and patients both parties can hire a lawyer to participate in mediation;

(B) under the mediation of medical dispute need, specify 1 or more arbitrators to mediate between doctors and patients avoided demands on people's mediators, medical disputes Mediation Committee shall be reversed;

(C) respectively for investigation and verification of medical disputes between doctors and patients the parties the relevant facts, evidence collection and analysis;

(D) in ascertaining the facts and responsibility on the basis of implementing mediation, mediation to resolve medical disputes, to make a written conciliation agreement;

(E) medical malpractice mediation agreement reached, from the 30th after the effective date of the mediation agreement, assist the doctors and patients both parties in judicial confirmation process. Medical dispute mediation committee mediation shall accept mediation of medical dispute 30 working days from the date the tune knot.

    Doctors and patients both parties agree to an extension, can be extended to 30 working days.

17th as a people's Mediation Committee mediation of medical dispute mediation agreement is reached, solve medical disputes between doctors and patients can use the following ways:

(A) apply to the administrative departments of public health medical malpractice disputes;

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

18th medical dispute to the application of any of the following circumstances, medical dispute mediation Commission shall not accept:

(A) the party refuses mediation between the two parties;

(B) the amount claimed does not exceed 10,000 yuan of medical disputes and medical institutions and patients themselves to resolve;

    (C) the parties have chosen to apply to departments of health administration medical malpractice disputes or initiate litigation to the people's Court and other laws and regulations.

19th public security organ after receiving a security alert on medical disputes, shall, in accordance with the following process:

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

(B) educational counseling, stop excesses, maintenance of order;

(C) disposed of various that acts that violate the administration of public security; (D) on death in the medical institution, their families refused to move the body of a funeral parlour (funeral service), after persuasion failed, the public security organs have the right to order the corpse to the funeral home to the families (funeral service).

    Costs incurred by patients in advance, and ultimately borne by the responsible party.

    20th levels of people's Governments and their health, public security, administration of Justice and other departments and medical staff during the process of consultation, conciliation and resolving medical disputes, shall not violate the laws, regulations and provisions of the measures promised compensation or for compensation.

    21st the 13th of patients and their family members in violation of the measures, on-site security personnel 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.

22nd medical institutions and personnel of any of the following acts, by their work units or departments of health administration in accordance with the relevant provisions of administrative sanctions:

(A) the formulation of medical dispute treatment plans;

(B) does not meet the medical disputes Mediation Committee and medical liability insurance underwriting agency investigation and evidence collection;

(C) the delayed rescue and treatment of critical patients;

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

The 23rd staff of the people's Governments at all levels and the departments concerned in the work of medical dispute treatment, in violation of these regulations, any of the following circumstances, by the authority shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) after receiving the medical dispute report, alarm, failing to take relevant measures;

(B) in the course of medical disputes prevention and treatment, illegally accepting other people's property, or other interests;

(C) consultations in medical disputes, mediation, handling process in violation of commitments, such as indemnity or compensation;

    (D) other acts such as dereliction of duty, abuse of power, favoritism.

    24th medical liability insurance underwriting agency violates the agreement, refused to pay or delayed payment time limits by the insurance supervision and Administration Department shall be punished according to law. 25th article of the rules take effect on March 1, 2014.