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Jilin Medical Dispute Solution

Original Language Title: 吉林市医疗纠纷处置办法

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Treatment of medical disputes in Glin City

(Adopted at the 1462th ordinary meeting of the People's Government of Glin, 22 September 2011, No. 222 of the People's Government Order No. 222 of 28 September 2011)

Article 1 protects the legitimate rights and interests of patients, medical institutions and their medical personnel in a timely manner, protects medical safety, protects medical order and establishes this approach in line with the relevant laws, regulations.

Article 2 refers to medical disputes referred to in this approach to disputes arising from the inspection, medical treatment, care and results of medical institutions and their medical personnel, and their causes and responsibilities.

Article 3. The treatment of medical disputes at all levels of medical institutions within the city's administration is applicable.

Article IV, the leadership of the Government for the treatment of medical disputes is responsible for the development of medical disputes in the Territory, medical accidents prevention and disposal pre- and working procedures for receiving complaints concerning medical dispute mediation.

Article 5 The Commission shall perform the following duties:

(i) Mediation of medical disputes, verification, analysis of judgements, objective and impartial treatment programmes to exchange mediation opinions with medical authorities and patients;

(ii) To promote legal, regulatory, regulatory and medical knowledge and to guide medical, patient-based and legal fair resolution of disputes;

(iii) Provide advice and advice to medical institutions on preventive medical disputes;

(iv) Provision of counselling and services for medical disputes to health-care providers or patients;

(v) The production of a written medical dispute mediation agreement, in accordance with the agreement reached by the medical and sick people's mediation committees.

The establishment and composition of the Medical Dispute People's Mediation Commission are provided by law to the Judicial Administration.

The Medical Dispute People's Conciliation Commission does not receive charges for the mediation of medical disputes, its funds and the cost of subsidies for people mediators, which are financially appropriate.

Article 6

The health administration should fulfil its oversight responsibilities with regard to medical institutions in accordance with the law to guide and oversee the preventive and disposition of medical disputes by medical institutions.

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

The administration of justice should strengthen, in accordance with the law, the direction of the work of the people of medical disputes in mediation.

Article 7. The outcome of the disposal is clear, precise, clear and appropriate.

Article 8. Medical institutions must participate in the medical liability insurance and strengthen their management, improve the quality and service levels of medical services and ensure medical safety.

Article 9. Victims should uphold their rights and resolve medical disputes in accordance with the law, and rights such as the right to health and the right to information are protected by law.

Article 10, after the occurrence of medical disputes, medical institutions should initiate pre-removal cases of medical disputes and be disposed of in accordance with the following procedures:

(i) The timely organization of medical expert meetings to inform patients in writing;

(ii) In the case of medical personnel and patients, in accordance with the provisions of the Medical Accident Control Regulations, the physical and related material of the disease;

(iii) Deaths of patients within medical institutions, and the medical community cannot determine the causes of death or the grievances of death by the victim, with the consent of the patient, and carry out a mortuary under the medical accident treatment regulations;

(iv) To inform the victims of the treatment of medical disputes and to respond to the advice and questions of the victims and to lead the victims to resolve disputes in accordance with the law;

(v) To organize, in a timely manner, a discussion of the Committee of Experts of Medical Institutions to analyse the causes of accidents, provide remedial advice and improve preventive measures;

(vi) Mediation and disposal of medical disputes shall be carried out in specialized facilities of medical institutions. More than three people, consultations should be taken by representatives, with no more than three representatives;

(vii) Upon disposal, reports on the disposal of medical disputes are submitted to the health administration, such as the actual reflection of the occurrence of medical disputes and the investigation, processing.

Article 11. Upon receipt of reports by medical agencies on medical disputes, the health administration should inform the rapist of the people's mediation committee on medical disputes to visit the field and participate in the treatment of medical disputes. The health administration should organize an investigation immediately to determine what is a major medical negligence. An application for medical accident disputes should be made in accordance with the provisions of the Medical Asset Disposal Regulations.

Article 12 Victims of medical disputes shall be subject to the following provisions:

(i) To uphold the medical order in compliance with the laws and regulations of medical institutions;

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

(iii) The right to photocopy or replication of its medical clinic, inpatient care, medical vouchers, laboratory vouchers (review reports), medical video check-up information, special check-ups, operational consents, operating procedures and analytic record, medical information and other medical material provided by the State's Health Administration;

(iv) In accordance with the law, the expression of opinion and the requirement of civilization, there shall be no disruption of the normal functioning of medical institutions or other violations. The death of the patient within the medical institution shall be carried out in accordance with the provisions for the removal of the body to the premises or the location designated.

The public security authorities should be disposed of in accordance with the following procedures after receiving a police officer covering medical disputes:

(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) The death of the patient within the medical institution, the suspension of the body of the deceased person in the medical institution, the denial of the removal of the body to the yard or the location designated, affecting the normal working order of the medical institution and the treatment of the responsible person under the law.

When a medical dispute arises, the medical authorities should lead to mediation by the People's Mediation Commission, the Health Administration or the arbitral body. Medical persons, victims of war do not agree to mediation or, through mediation, may be prosecuted by law to the People's Court.

Medical disputes, with the amount of US$ 100,000 (concluding this figure), may be resolved in consultation with the patient and form a written agreement. In the event of a loss of more than 100,000 dollars, the medical community shall not be able to consult with the patient before the instrument of legal effect in the medical dispute mediation body or in the People's Court.

Article 15 requests for mediation of medical persons and persons with disabilities in accordance with conditions of admissibility, and the Committee on the Conciliation of the People of Medical Disputes shall be admissible in a timely manner. The Medical Dispute People's Conciliation Commission has found conciliational medical disputes when mediation is conducted, which may constitute a medical accident or require medical accident technical identification, should be informed of medical requests for medical accident technical identification, suspension of medical disputes mediation, and recovery of mediation after the determination of the conclusions is made.

Article 16

(i) The appointment of a mediator as the moderator and the appointment of a number of medical dispute mediators, as required. The People's Conciliation Commission for Medical Disputes should be adopted by the Medical Mediator, the party of the affected State, for the reasons for the evading of the mediator;

(ii) Convene the medical community, the victims of the disease to the specialized mediation sites;

(iii) Medical persons, persons affected by the disease may be entrusted with mediation;

(iv) On the basis of identification of facts and responsibilities, the medical community, the parties of the disease, inter alia, facilitates inter-ference and eliminate the disparity.

Medical disputes shall be closed within one month of the date of the commencement of mediation. The medical community, the affected party, agreed to extend for one month. The mediation expires as a failure to reach a mediation agreement, which is considered to be non-concilitative, and the medical and fraternal parties can bring to justice by law.

Article 17 is negotiated by the People's Conciliation Commission for Medical Disputes in mediation of conciliation agreements, which are produced by the People's Conciliation Commission for Medical Disputes. The conciliation agreement shall contain the following matters:

(i) The basic situation of the parties;

(ii) The main facts of the dispute, the matter of controversy and the responsibility of the parties;

(iii) The parties have reached the content of mediation agreements, the manner in which they perform and the period of compensation.

The letter of mediation agreement shall be signed by the parties or, by means of reference, by the facilitators of the medical dispute and shall be added to the seal of the People's Conciliation Commission for Medical Disputes and shall enter into force with the signature of the chapter. The letter of mediation agreement was carried out by the parties concerned, and the People's Conciliation Commission for Medical Disputes was retained.

Article 18, in accordance with the conciliation agreement reached by the People's Conciliation Commission for Medical Disputes, is considered necessary by the medical community, and can apply to the People's Court for judicial recognition and, in accordance with the agreement, for mediation agreements. The People's Conciliation Commission for Medical Disputes should monitor the implementation of mediation agreements and urge the parties to fulfil their agreed obligations.

Article 19, following a conciliation agreement between the People's Mediator of the Medical Disputes Commission, disputes arise between the parties regarding the implementation of mediation agreements or the content of mediation agreements may be brought before the People's Court by law.

Article 20, any party of the medical community, or one of the victims, has brought proceedings before the People's Court, and the Council of the People's Mediator of Medical Disputes has no longer accepted its application for mediation or terminated mediation.

In the context of the insurance contract, the Medical Liability Insurance Corporation assumes the compensation of medical institutions arising from medical disputes. In accordance with a conciliation agreement, conciliation by the People's Mediator of Medical Disputes, conciliation by the People's Court or the decision of entry into force, the Medical Liability Insurance Corporation shall pay compensation expenses in accordance with the agreement or the judgement.

Article 22 Staff of the relevant administrative organs, members of the People's Mediator of Medical Disputes, who play a role in the mediation of medical disputes, do not fulfil their statutory obligations and shall be disposed of in accordance with the law; constitute a crime and hold their criminal responsibility under the law.

Article 23 of the Medical Dispute People Mediator has one of the following acts in the mediation process, which is criticized by the Committee of the People's Mediator of the Medical Disputes in which it is located; in serious circumstances, be dismissed or dismissed by the selection or employment unit; and constitute a crime and hold its criminal responsibility under the law.

(i) In favour of a party;

(ii) To insult the parties;

(iii) To request, receive or benefit from other unjustifiable interests;

(iv) Disclosure of personal privacy or commercial secrets of the party.

Article 24

Article 25 Victims of medical disputes are punishable by law by public security authorities, which constitutes an offence and are criminally liable by law:

(i) The occupation of medical institutions to disrupt the normal working order of medical institutions on the basis of medical disputes;

(ii) Disturbing public order by medical institutions through acts such as Rachia, Pharmace and posters;

(iii) Dishumation, defamation, threat, beating medical personnel or restricting the liberty of medical personnel, disrupting the normal work and life of medical personnel;

(iv) Damage to the property of medical institutions;

(v) Other acts that disrupt the normal working order of medical institutions.

The treatment of medical disputes at all levels of medical institutions owned by forces in the city of Glinin may be carried out in the light of this approach.

Article 27 of this approach is carried out by the Ministry of Health in Glin City and is responsible for interpretation.

The twenty-eighth approach was implemented effective 15 November 2011.