Shanghai Medical Disputes Prevention And Conciliation

Original Language Title: 上海市医患纠纷预防与调解办法

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Shanghai medical disputes prevention and conciliation

    (January 6, 2014 the City Government adopted at the 36th Executive meeting January 11, 2014 12th Shanghai people's Government promulgated as of March 1, 2014) Chapter I General provisions

Article I (purpose and basis)

    To protecting the legitimate rights and interests of the doctors and patients, maintain normal order of medical institutions, and preventing and dealing with disputes between doctors and patients in a timely manner, in accordance with the People's Republic of China people's mediation law and other relevant laws and regulations of the provisions of, this municipality actually, these measures are formulated.

Article II (definitions)

    Disputes between doctors and patients in these measures refers to medical institution and its medical staff and patients by medical, nursing and other disputes practice.

Article III (scope of application)

    Prevention of medical disputes in the administrative area of the city and the people's mediation, these measures shall apply.

The fourth section (Department)

Judicial Administration Department is responsible for directing the people of doctor-patient dispute mediation, promoting the standardization of the people's mediation work in medical disputes.

Public security departments are responsible for protection of medical institutions ' normal medical order, timely disposal according to law to disrupt medical institutions and medical disputes mediation places order violations.

    Health family planning department is responsible for directing the medical institutions preventing medical disputes mechanism, guided by people's mediation to resolve disputes between doctors and patients in medical institutions.

Fifth (doctor-patient dispute mediation Committee)

District and county medical dispute mediation Committee (hereinafter "Commission") is the professional mediation in the administrative area of mass organization of doctor-patient dispute, district, County, Department of judicial administration guide.

Medical Commission to mediate disputes between doctors and patients, and do not charge any fees.

    Medical Commission independently to mediate disputes between doctors and patients, not subject to any interference by any organization or individual.

The sixth section (arbitrators)

Doctors and medical institutions within the administrative area where the Commission shall, in accordance with the number, scale and attendance of, appointment of a corresponding number of full-time and part-time arbitrators.

    Medical Commission of the people's mediators should be fair and honest, enthusiastic work of people's mediation, and have medical, health management or legal expertise.

Seventh (consultant)

Municipal public health planning department shall, in conjunction with the municipal judicial administrative departments shall organize medical dispute mediation consultant (hereinafter "experts").

    Municipal judicial administrative departments shall, jointly with the Municipal Department of health family planning development of doctor-patient dispute mediation expert consultation procedure and rules.

The eighth section (funding)

The municipal and district and county people's Government disputes between doctors and patients should be the Office of the people's mediation work to provide the necessary conditions and financial security.

Medical dispute mediation needed to run funds, subsidies, mediator subsidy funds and expert advice, by city, County, and district finances in accordance with the relevant provisions to protect it.

    People's mediators subsidy funds and expert advice fee standards, according to the actual situation and needs, determined by the Municipal Department of the administration of Justice, in conjunction with the Municipal Finance Department, or adjustment.

Nineth (medical insurance)

Health family planning departments should guide medical institutions in medical liability insurance, encouraging medical institutions and medical liability insurance underwriting Agency (hereinafter "the insurer") consultation and cooperation and medical liability insurance in doctor-patient dispute in the work of people's mediation role of risk-sharing.

    Public medical institutions in the city should participate in medical liability insurance, in accordance with the relevant provisions made medical venture fund should be used for the participation of medical liability insurance.

Tenth (the insurer)

    The insurer shall, in accordance with relevant regulations of the State under the "fairness, impartiality and compliance" operating principles, design insurance science determine insurance rates, strengthen the management of medical liability insurance and risk management, prevent and resolve health care institutions for medical liability insurance the positive effects of medical risks.

    Chapter II dispute prevention

11th (regulatory)

Health and family planning departments should strengthen supervision and administration of medical institutions and medical staff practice, urging medical institution and its medical staff members improve the quality of medical technology and services.

    Health family planning departments should be in doctor-patient dispute in the regular statistical information about the quality and safety of medical classification, analysis and evaluation, and publish guidance to medical institutions.

12th (practising)

    Medical institutions and medical personnel should be in accordance with the laws, rules, regulations and norms in practice of nursing diagnosis and treatment.

13th (legal and medical knowledge dissemination)

    Medical institutions shall require disclosure of information on medical services, and through a variety of channels, information to patients and the public on health law, regulation, universal access to medical and health knowledge.

14th (proactive)

Medical institutions should develop plans to prevent and dispose of medical disputes and regular analysis of the causes of medical disputes and prevention of medical disputes, and properly handle disputes between doctors and patients.

    Medical institutions shall set up a mechanism to address disputes between doctors and patients, received complaints from patients or their next of kin for medical services, and to provide advisory services.

15th (security)

    A medical institution shall establish a security system, and in accordance with the relevant provisions and attendance, site size, hospital grade, implementation of safety measures.

16th (obligation)

    Medical institutions need to implement the operation, special examination, special treatment, the medical staff shall, to the patient or his close relatives suggests that medical risks, alternative health care programmes, often, and has obtained the written consent.

17th (medical records storage, replication, and storage)

Medical institution shall properly keep patient medical records kept by the medical institution's portal (acute) medical consultation calendar information.

Patients or their close relatives need to duplicate or copy medical records, should be provided in accordance with the relevant provisions of medical record management in medical institutions, and make a detailed list and with proof seal. Sealed medical records information requested by patients or their close relatives or on-site physical, doctors and patients both parties should work together to implement storage.

    Sealed medical records or the site material, medical institutions shall list storage, by the patient after a seal or signature of the parties, each party holds one copy.

18th (body treatment)

    Patients died in the medical institution, medical institution shall immediately move the body morgue, and in accordance with relevant regulations, patients ' family members shall cooperate.

19th (inform related matters)

Medical disputes and medical institution shall assign special personnel to answer questions of the patient or his close relatives, and inform the following:

(A) the people's mediation and other ways of dealing with medical disputes;

(B) the provisions of the relevant medical records, on-site physical sealed and unsealed;

(C) provisions relating to medical records copying or reproduction.

    Death, doctor-patient disagrees with the parties cannot determine the cause of death or the cause of death, the medical institution shall inform the autopsy requirements and procedures.

20th (report)

    Major disputes between doctors and patients, the medical institution shall promptly report to the health and family planning sectors.

21st (Prohibition)

The Parties shall protect doctors and patients the medical order of medical institutions.

Any unit and individual is prohibited to commit the following acts:

(A) burning the money, ornaments, placed a wreath at the Hall of medical institutions and private banner, violations mortuary, juzhongzishi, containment door important entrances or impair their normal access;

(B) to cause trouble in the medical institutions;

(C) the impact or occupy the places of medical offices, clinics;

(D) illegally carry inflammable and explosive dangerous goods or control access to medical institutions;

(E) insults, threats, intimidation, intentional injury or restrict the freedom of medical personnel of medical staff or threat to physical safety of others;

(Vi) intentionally damage or theft within the medical institutions, plunder of public or private property;

(G) the block move body mortuary or funeral home;

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

22nd (disposal)

After major disputes between doctors and patients reported to the health and family planning departments should supervise the treatment and processing of medical institutions to take the necessary measures, if necessary, should send personnel to the scene to guide and coordinate and guide doctors and patients both parties through legal means such as mediation to resolve the dispute.

Disturb the normal order of medical institutions in the Ministry of public security sector, should take timely measures to dispose of the following:

(A) educational counseling, suppression of excesses;

(B) disposed of criminal behavior that;

(C) investigation into alleged illegal personnel away from the scene of the crime.

    Medical agencies shall cooperate with the public security departments to maintain order at the scene.

    Chapter III dispute resolution

23rd (application for mediation)

Medical disputes, doctors and patients both parties can apply for mediation to the Medical Commission of the medical establishment is located. Doctors and patients both parties could work together or separately to the Medical Board for mediation.

Patient individually by the parties for mediation, shall cooperate in public medical institutions.

    Party requests damages in more than 30,000 disputes between doctors and patients, medical institutions shall inform the Medical Commission for mediation, and together with the affected parties to accept mediation.

24th (application for mediation form)

Doctors and patients may apply for mediation in writing of the parties, apply for mediation or orally; oral application of mediation, the Commission shall record the applicant, for mediation of the dispute and grounds, and so on.

    Informed medical institutions are undergoing significant disputes between doctors and patients, medical-site dredging work carried out shall appoint arbitrators and can accept the parties ' applications for doctors and patients.

25th (the other participants) Parties may appoint their close relatives, lawyers or grassroots legal service workers to participate in the doctor-patient dispute mediation.

    Entrusted with close relatives, lawyers or grassroots legal service workers should be proof of close kinship or a power of Attorney; lawyers or grassroots legal service workers should also show license.

26th (conciliation period) Medical Commission from both doctors and patients should be put forward by the parties within 60 days of the date of the applications for adjustable knot.

    Due to special circumstances need to extend the term of, the Medical Commission and the parties may agree to extend the term of doctors and patients over an agreed period a mediation agreement has yet been reached, as mediation fails.

27th (no mediation case)

Doctor-patient dispute any of the following circumstances, medical Commission no mediation:

(A) the parties have applied to the health and family planning sectors medical malpractice administrative processing, health and family planning sectors has been accepted or has been dealt with;

(B) the party has filed a suit before, the people's Court has accepted or decision;

    (C) other circumstances that would not be appropriate for the Commission to mediate.

28th (mediator) to

    After the Medical Commission to accept applications for doctor-patient dispute, shall appoint 1 or more arbitrators to mediate, or by the parties to choose the doctors and patients 1 or more arbitrators to mediate.

29th (mediators to avoid)

People's mediators _ of any of the following circumstances shall withdraw; parties are entitled to doctor and patient orally or in writing request for withdrawal:

(A) are close relatives of the party or parties or agents;

(B) work experience in medical disputes covered by medical institutions;

(C) and doctor-patient dispute involved drugs, medical equipment production and sales units have an interest;

(D) the parties believe that doctors and patients may affect the impartial mediation in other circumstances.

    The Medical Commission to take a decision on the application for withdrawal shall, without delay, and to inform doctors and patients both parties.

30th (mediation confidentiality)

Medical Commission and people's mediators between doctors and patients should be the party's trade secrets, personal privacy or personal information be kept confidential.

Without doctors and patients both parties agree, mediation shall not be conducted in public, or public mediation-related content.

    Unless otherwise provided by laws and regulations and these rules, a medical Commission in the process of mediating disputes between doctors and patients access to relevant materials shall not be used for purposes other than the mediation, shall not be provided to any other organization or individual.

31st (expert advice)

Disputes between doctors and patients with any of the following circumstances, medical Commission should start an expert consultation procedure:

(A) the estimated payment amounts in excess of 100,000 yuan;

(B) the patient has died;

(C) significant differences between doctors and patients on the facts of the dispute;

(D) the estimated insurance claims worth more than 100,000 yuan and underwriting recommendation;

(E) other circumstances that require expert advice. Selected from expert consultants should be based on the principle of avoidance, selected from the database.

    If necessary, according to mediation practice, additional selection from an expert consultant.

32nd (expert advice)

Medical Commission for an advisory expert views on the following issues:

(A) the diagnosis and treatment of medical institutions in the implementation of norms, a fulfilment of obligations, there is a fault;

(B) medical fault behavior and whether there exists a causal relationship between damage;

(C) medical mistakes at the expense of the degree of responsibility in the result;

(Iv) other professional issues in relation to the facts of the dispute.

Consultants should be based on the principles of independence, objectivity and impartiality, consultation of the Medical Commission advice and advice books signed or sealed.

    Expert advice books are medical Commission reference of the mediation.

33rd (fair mediation)

People's mediators between doctors and patients should be treated equal parties, respect for the parties ' right of expression and listened to statements of the parties; may suppress or obstruct the parties to express their views, nor shall they favour one of the parties.

    People's mediators should disputes in full knowledge of the facts and on the basis of investigation and verification, and recommend both doctor and patient recommendations put forward by the parties to resolve the dispute.

34th (between doctors and patients on the obligations of Parties)

Disputes between doctors and patients should be up-front verification of medical institutions, to submit to the Commission all supporting materials in a timely manner and to set out its preliminary comments.

    Doctors and patients both parties shall, in accordance with the people's mediators request, provide relevant medical records.

35th (notify the insurer)

Medical institutions of medical liability insurance, medical Commission in the conciliation process, notify the insurer to attend.

    The insurer receives notification of the Medical Commission to attend mediation but did not attend, do not affect the mediation.

Article 36th (underwriting agencies attend mediation)

The insurer after the Medical Commission received notification, under the following circumstances to attend the mediation, providing professional medical liability insurance services:

(A) the amount estimated insurance claims of less than 30,000 yuan, the insurer can determine for itself whether to send personnel to attend the mediation;

(B) the estimated amount of insurance claims more than 30,000 yuan, the insurer shall send members to attend the mediation, and comments on the specific claim.

    The provisions of the preceding paragraph about the estimated insurance claims amount, by the Municipal Department of the administration of Justice, in conjunction with insurance regulators and insurance agencies after consultation and timely adjustment.

37th (conciliation agreement)

People's mediators should be based on voluntary and reasonable principle of equity, in accordance with the conciliation rules to help doctors and patients determine the parties dispute resolution. Doctors and patients both parties reached an agreement through mediation, the Commission shall draw up a mediation agreement.

Mediation agreement by both doctors and patients signed or sealed by the parties, signed by the arbitrators and sealed by the Medical Commission after the entry into force.

    Mediation agreement has no property to pay, and both doctors and patients see a need to make a written conciliation agreement by the parties, can be an oral agreement, but people's mediators shall record in writing the agreement, and by doctors and patients both parties, arbitrators and medical Commission signature or seal.

38th (insurance claims)

    The mediation agreement reached under the auspices of the Medical Commission, is the basis for medical liability insurance claims.

39th (judicial confirmation)

After the mediation agreement is reached, doctors and patients both parties deem it necessary, may apply to a people's Court according to law for judicial confirmation.

    Mediation agreement cannot be performed, the arbitrators should lead doctors and patients both parties applied for judicial confirmation.

40th (conciliation agreement)

    Doctors and patients both parties shall conscientiously perform the mediation agreement the conciliation agreement or mediation agreement dispute may initiate litigation to the people's Court.

41st (written)

    Medical Commission according to doctor-patient dispute, to the health and family planning departments and medical institutions put forward written proposals on prevention of medical disputes.

42nd (Guide), Doctor and patient if mediation or conciliation conciliation agreement cannot be reached, the Commission shall, in accordance with the relevant provisions of laws and regulations, inform doctors and patients both parties can apply through to health and family planning sectors.

    Or initiate litigation to the people's Court and other legal avenues to resolve the dispute.

    The fourth chapter legal liability

43rd (relating to liability for offences)

    Second paragraph of the article 21st of this approach, by the Public Security Bureau in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

44th (liability of medical institution and its medical staff)

Medical institutions and medical personnel who violate these regulations, any of the following circumstances, health and family planning sectors in accordance with the People's Republic of China medical practitioners Act and the relevant provisions of the regulation on the handling of medical accidents be dealt with:

(A) violations of administrative rules and regulations of health or technical and operating rules, causing serious consequences;

(B) without consent of the patient or his close relatives, the implementation of experimental clinical medical;

(C) did not inform the patient, medical practices and health risks;

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

(E) failing to storage, custody and unsealing medical records and physical;

(Vi) disclosure of patient privacy, causing serious consequences;

    (VII) without justifiable reasons, refuse to provide for the patient or his close relatives duplicate or copy medical records services.

45th (liability of arbitrators)

People's mediators in the mediation of any one of the following acts, criticized by the Medical Commission of education, shall be ordered to correct, if the circumstances are serious, be dismissed:

(A) favour one of the parties;

(B) the insulted party;

(C) to ask for or accept property or seek any other illegitimate benefits;

    (D) the divulging of personal privacy or commercial secrets.

    The fifth chapter supplementary articles

46th (execution date) These measures shall take effect on March 1, 2014.