Jilin Medical Dispute Solution

Original Language Title: 吉林市医疗纠纷处置办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Jilin medical dispute solution

    (September 22, 2011 at the people's Government of Jilin city, the 14th 62 Executive meeting September 28, 2011 people's Government of Jilin announced order No. 222, come into force on November 15, 2011) for the timely disposal of medical dispute in article, protect the legal rights of patients, medical institutions and personnel to guarantee medical safety, maintaining order, in accordance with relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second medical disputes in these measures refers to hospital (medical institutions) and patients (patients or patients with close relatives) the examination, diagnosis and treatment of medical institution and its medical staff, nursing actions and their consequences, and of disputes caused by reasons, divide responsibilities.

    Third medical institutions at all levels within the administrative area of the city of medical dispute handling procedures apply.

    Fourth city, County (City) Government's lead agency responsible for disposal of medical dispute work area medical malpractice, medical malpractice prevention and disposal plans and procedures to receive complaints about medical disputes. Fifth of municipal or County (City) Government Organization justice, health, public security, complaint letters and calls departments handling medical disputes, guidance-related enterprises, institutions, social groups or other organizations established according to law the medical dispute mediation Committee.

    Medical disputes Mediation Committee shall perform the following duties:

    (A) the mediation of medical disputes, objections against the hospital, patients carry out investigation to verify, analytical, objective and fair treatment, and doctors ', patients mediate an exchange of views;

    (B) promote laws, regulations, rules and medical knowledge to guide doctors, patients according to impartial dispute of fact and law;

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

    (D) to patients with medical disputes or medical advice and services;

    (E) in accordance with the medical people, patients with medical dispute mediation committee mediation to form a consensus, make a written medical malpractice mediation agreement.

    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, its funding and subsidy costs of the people's mediation work, according to the financial status by the financial arrangements.

    The sixth city, County (City) of health, public security and judicial departments in disposal of medical dispute shall perform the following duties:

    Administrative Department of public health shall perform the duties of supervision and administration of medical institutions, to guide and supervise the prevention and disposal of medical dispute in medical institutions.

    Public security organs should strengthen security management in medical establishments, according to the acts of disturbing the order of medical.

    Judicial administration according to law, strengthen guidance on medical dispute mediation Committee. Seventh disposal of medical dispute according to law shall be followed, open, fair, equitable, timely and convenient principle.

    Disposal results do the facts are clear, accurate, accountable, properly.

    Article eighth medical institutions are required to have health insurance, and to strengthen its management, improve the quality of medical services and service levels, and ensure safety.

    Nineth patients should safeguard their own rights and interests according to law and medical disputes, patients ' rights such as the right to health, the right to life is protected by law.

    After the tenth medical disputes, medical disputes in medical institutions should initiate disposal plans, and in accordance with the following process:

    (A) Organization of specialists of medical institutions in a timely manner, inform patients of the consultation was written;

    (B) in the presence of doctors, patients together case, in accordance with the provisions of the regulation on the handling of medical accidents, storage on-site physical and medical records;

    (C) patients die within medical institutions, doctors are unable to determine the cause of death or disagrees with the patients ' deaths, with patient consent, in accordance with the provisions of the regulations on the handling of medical accidents autopsy;

    (D) inform the patient about methods and procedures for disposal of medical dispute, reply to patient counselling and questions, guide the patient to solve disputes;

    (E) possible for the medical accident disputes, timely medical institutions for discussion in the Committee of experts, to analyze the cause of the accident, and remedies for, perfect preventive measures; (F) the mediation of medical dispute and disposal should be carried out in special reception sites for medical institutions.

    Patient number of 3 or more, should elect representatives for consultation, representation shall not be more than 3;

    (G) the disposal after the disposal of medical dispute report to the Administrative Department of public health, reflect and investigate and deal with cases of medical disputes. 11th public health administration after receiving the report on medical disputes in medical institutions, it shall notify the people's mediation committees of medical dispute sent to the scene to participate in disposal of medical dispute. Determined to be significant acts of medical malpractice, health administrative departments shall immediately organize the investigation.

    Patients file malpractice disputes, should be carried out in accordance with the provisions of the regulations on the handling of medical accidents.

    12th medical dispute of patients shall comply with the following provisions:

    (A) compliance with laws and regulations and medical institution rules and regulations, maintain order;

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

    (C) the right to copy or duplicate the out-patient medical records, hospital records, body temperature, advice, laboratory (analytical report), medical imaging information, special examination consent, consent, surgery, pathology and anesthesia record information and other medical records of the health Administrative Department under the State Council; (D) law, civilized express their views and requirements shall not disturb the normal work in medical institutions for violent behaviour order or other violations.

    Patients die within medical institutions should be in accordance with the provisions of the bodies moved funeral home or designated location.

    13th public security organ after receiving alarms relating to 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) patients die within medical organizations, patients ' dead bodies parked in the medical institution, refused to move the corpse funeral home or designated location, affecting the normal work order of medical institutions, according to the relevant persons. Article 14th medical disputes, doctors should lead the patients to medical disputes Mediation Committee mediation, health administration or arbitration institutions.

    Doctors, patients do not agree to mediation or did not reach agreement through mediation, and may initiate litigation to the people's Court according to law. Patients ask for compensation in the amount of less than 10000 Yuan (including the number) of medical disputes, doctors and patients can resolve on their own, and a written agreement.

    Patients asking for damages of more than 10000 Yuan, not with patient in hospital medical malpractice mediation legally binding instrument or a people's Court before the formation of privately negotiated settlement. Section 15th of the hospital, patients of admissible applications for medical disputes Mediation Committee shall promptly accepted.

    When the people's Mediation Committee mediation of medical dispute found that mediation of medical dispute, may constitute a medical accident or need to make technical appraisal for medical accidents, should inform doctors, patients apply for medical malpractice, medical malpractice mediation work suspended, expert conclusions determined, restoration of mediation.

    16th medical dispute mediation committee mediation of medical dispute in accordance with the following procedures: (A) designation of 1 the mediator to mediate the Facilitator, as needed, you can specify a number of mediators to participate in mediation of medical dispute.

    The medical side, parties to mediation the Chairpersons submit a withdrawal request justified, medical disputes Mediation Committee shall adopt;

    (B) convene parties, parties to the mediation places specifically set for mediation;

    (C) the medical side, the affected Party may entrust an agent to participate in mediation;

    (D) in ascertaining the facts, based on responsibility, prompting medical party, the party of compromise and clear the air. Medical dispute mediation committee mediation should start accepting the mediation of medical dispute within 1 month from the date of closing. Parties, the parties agree to an extension, can be extended by 1 month.

    Mediation had failed to reach the due date of the conciliation agreement, considered as mediation fails, the medical side, the affected Party may initiate litigation to the people's Court according to law. 17th mediation agreement reached via people's Mediation Committee mediation of medical dispute, by the people of medical dispute Conciliation Commission a conciliation agreement.

    A mediation agreement shall contain the following particulars:

    (A) the basic situation of the parties;

    (B) the main facts of the dispute, the matter in dispute and the parties ' responsibility;

    (C) the parties reached a conciliation agreement, discharge, compensation terms. Mediation agreement shall be signed by the parties or by fingerprint, medical dispute mediator, signed and stamped with the seal of the people's mediation committees of medical disputes, and will take effect from the date of signature and seal on both sides.

    Mediation agreement by each party holds one copy retained a copy of the medical dispute mediation Committee. 18th as a people's Mediation Committee mediation of medical dispute reached a conciliation agreement, medical, patients deemed necessary by the parties, may jointly apply to the peoples Court judicial confirmation and to perform in accordance with the contract of mediation agreement.

    Medical disputes Mediation Committee shall supervise the implementation of the settlement agreement, and urging the parties to fulfil a contractual obligation.

    19th as a people's Mediation Committee mediation of medical dispute reached a mediated agreement, the mediation agreement between the parties to fulfil or mediation agreement dispute, may initiate litigation to the people's Court according to law.

    20th medical prescriptions, patients in any one of the parties to the court proceedings, people's mediation committees are no longer accepting applications for medical dispute or termination of the mediation. 21st medical liability insurance company in the context of insurance contracts, medical institutions for medical disputes compensation.

    By people's Mediation Committee mediation of medical dispute reached a mediated settlement, the people's Court for mediation or to make effective judgment, medical liability insurance company shall pay the compensation in accordance with the agreement or judgment.

    The 22nd executive staff, dispute mediation committee staff in medical negligence in the dispute resolution process fails to perform the statutory duties shall be given disciplinary action constitutes a crime shall be investigated for criminal liability.

    23rd people's mediators in the mediation of medical dispute any of the following acts, by the mediation of medical dispute criticism from the Commission education, shall be ordered to correct serious cases, be removed from Office or dismissed by the unit of selection or appointment constitutes a crime, criminal liability shall be investigated for their.

    (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.

    24th medical staff with concealed, forging or destroying without authorization medical documents and related information, disposal of medical dispute, disciplined by the medical institution constitutes a crime, criminal liability shall be investigated for their.

    Disputes in the article 25th medical patients have one of the following acts, shall be subject to punishment by public security organs constitutes a crime, criminal liability shall be investigated for their:

    (A) on the grounds of medical disputes, accounting for medical institutions, disturb the normal work order of medical institutions;

    (B) medical institution through the banner, as mourning Hall, putting up posters and other acts to disrupt public order;

    (C) insult, slander, threats, beatings or restrict the freedom of medical personnel of medical personnel, interfere with normal work and lives of medical staff;

    (D) damage to property of medical institutions;

    (E) other acts that disrupt the normal work order of medical institutions.

    26 great forces in Jilin city-owned handling medical disputes in medical institutions at all levels, can be performed in accordance with the measures.

    27th article this approach by the Jilin Municipal Health Bureau to implement and be responsible for the interpretation. 28th article this way come into force on November 15, 2011.