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Tianjin Medical Dispute Solution

Original Language Title: 天津市医疗纠纷处置办法

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Means of disposal of medical disputes in the city of Zenin

(The 20th ordinary meeting of the Government of the People of the city of Zenin on 22 December 2008 considered the adoption of the Decree No. 15 of 1 January 2009, No. 15 of the Order No. 15 of the People's Government of the city of Zenzi, effective 1 February 2009)

In order to effectively dispose of medical disputes, to maintain medical order, to protect the legitimate rights and interests of patients, medical institutions and their medical personnel, this approach is developed in accordance with the relevant laws, regulations.

Article 2 deals with medical disputes as described in this approach, which refers to disputes arising from the perception of the medical institutions and their medical personnel by the medical parties, medical treatment, care and results and their causes and responsibilities.

Article 3

The treatment of medical accidents is carried out in accordance with the provisions of the Medical Accident Control Regulations (No. 351 of the Department of State Order).

The disposition of medical disputes should be guided by the principles of legality, impartiality, timeliness and the right of the public, and the fact that it is clear and precise, responsible and appropriate.

Article 5 The health administration should carry out its oversight responsibilities under the law for medical institutions to guide, monitor the preventive and disposal of medical institutions for medical disputes.

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

The insurance supervisory body should strengthen the supervision of the medical liability insurance by law.

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

Article 6. Public information institutions should comply with the relevant laws, regulations and regulations, adhere to professional ethics, objective and impartial coverage of medical disputes and correctly guide social opinion.

Article 7. The municipal health administration organizes more than two types of public health-care institutions to participate in the medical liability insurance, as prescribed, and other medical institutions can participate voluntarily in the medical liability insurance.

Article 8 In the context of insurance contracts, the Medical Liability Insurance Corporation assumes the compensation of medical institutions arising from medical disputes.

Article 9. Insurance costs for health-care institutions are charged from operating expenses and are included in the cost of medical institutions. Medical institutions may not increase the burden of patients due to participating in the medical liability insurance.

Article 10

(i) Mediation of medical disputes to prevent the escalation of medical disputes;

(ii) To promote legal, regulatory, and medical knowledge through mediation efforts, by leading medical parties to resolve disputes on the basis of facts and laws fairly;

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

(iv) Medical disputes resolved through mediation, which, at the request of both parties, produce written conciliation agreements;

(v) Provision of counselling and uniformity for medical disputes to patients and their families or medical institutions;

(vi) To reflect medical disputes and mediation efforts to the relevant Government departments.

The establishment and composition of the People's Conciliation Commission for Medical Disputes, which is provided by law to the judicial administration, is financed by financial guarantees for its funds and the costs of the people mediator.

The People's Conciliation Commission for Medical Disputes does not receive charges for conciliation of medical disputes.

After a medical dispute, the amount of the claim was not exceeding one thousand yen and could be resolved by medical institutions in consultation with the patient or the patient's family.

After a medical dispute, the amount of the claim was more than 1,000 dollars, and the parties to the medical crisis were able to apply for mediation to the People's Mediation Commission of the Municipal Medical Dispute.

After a medical dispute, the parties to the medical crisis may bring proceedings before the People's Court by law.

Article 12 Medical institutions should establish pre-removal cases for medical disputes and report back to the local health administration and the public safety authority.

When a medical dispute arises, medical institutions shall be disposed of in accordance with the following procedures:

(i) Profile of medical disputes and the timely organization of hospital expert meetings to inform patients or patients' families and to report to the local health administration without concealing, debriefing, false reporting;

(ii) In the event of the joint presence of the health-related parties, in accordance with the medical accident-processing regulations, the physical and related medical information is provided;

(iii) The death of the patient within the medical institution, by providing for the removal of the body to the ACP or to the bracket, and the failure of the parties to the medical facility to determine the causes of death or to challenge the causes of death and to carry out a mortuary under the medical accident treatment regulations;

(iv) To inform patients or their families of the methods and procedures governing the treatment of medical disputes and to respond to counselling and questions from patients or their families;

(v) The amount of the claim was not exceeded by $10 million, which was settled by medical institutions in consultation with patients and their families in specialized reception facilities established by medical institutions, and the number of patients and their families was more than five, and the number of representatives should be promoted to consult and not more than five representatives;

(vi) Upon disposal, medical dispute disposal reports are submitted to the local health administration, which reflects the occurrence and disposal of medical disputes.

Article XIV requests for mediation of the parties to the medical treatment, which shall be admissible within 3 days of the People's Conciliation Commission for Medical Disputes, shall be communicated to the medical parties for technical identification of medical accidents. The parties to the medical crisis have brought proceedings before the People's Court, and the People's Mediator of Medical Disputes has no longer accepted their mediation requests.

The People's Conciliation Commission for Medical Disputes should consult the medical parties on the facts and circumstances of the dispute and understand the requirements and the grounds of the parties involved in the medical treatment and, where necessary, verify the preparation of pre-mediation preparations.

The Committee on the Conciliation of the People of Medical Disputes shall communicate, either orally or in writing, the nature, principles and effectiveness of the mediation of the medical parties, as well as the rights and obligations of medical parties in mediation activities.

Article 15. Mediatoral medical disputes by the People's Conciliation Commission for Medical Disputes are governed by the following procedures:

(i) One people mediator should be appointed as moderator and, according to the need, a number of people mediators could be appointed to participate in mediation, the medical treatment of the mediator's requests for evasion, and the People's Mediation Commission should be relocated;

(ii) Convene the mediation of medical patients to specialized mediation sites;

(iii) Both parties with medical care may engage in mediation;

(iv) On the basis of the identification of facts and the separation of responsibilities, the interdiction of health-related parties and the elimination of the gap.

The conciliation of medical disputes by the People's Conciliation Commission for Medical Disputes shall be settled within one month of the date of the commencement of the mediation. Both medical patients agree to extend for one month. Mediation has not yet reached a conciliation agreement, which is considered to be inconclusive, and the health-related parties can bring to justice by law.

Article 16, medical disputes resolved by conciliation, produces written conciliation agreements, as requested by both parties. Both health-related parties should be aware of compliance and compliance with mediation agreements. The amount of compensation determined by the conciliation agreement shall be based on the award of the medical liability insurance company.

In the event of a medical dispute, the medical institution should, in practice, investigate the verification in accordance with the relevant provisions of the medical liability insurance insurance insurance companies if the medical liability insurance is provided with medical disputes.

The Medical Dispute People's Conciliation Commission has reached agreement, conciliation by the People's Court or the decision to enter into force, and the Medical Responsibility Insurance Corporation should pay compensation in a timely manner.

Article 18 The public security authorities should be disposed of in accordance with the following procedures, after having received a police officer on 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) Death of patients within medical institutions, whose family refuses to relocate the body to too-to-clock or funerals, and are advised to be invalid, the public security authorities have the authority to transfer the body to a communic or explanatory compound.

When a medical dispute arises, the patient or the family of the patient is entitled to reprint or reproduce his or her medical clinic, inpatients, medical orders, vouchers (review reports), medical video checking information, special check-up consents, operating consents, operating procedures and anachronic record, medical information, care records and other medical material provided by the Department of State.

The patient and his family shall express their opinions and demands in accordance with the law and shall not be subject to expropriation or violation or shall not disrupt the normal medical order.

Article 20 Medical personnel are not in violation of human dignity and personal integrity in their operations.

Medical personnel should comply with the health law, regulations, regulations and technical regulations governing the treatment of patients, protect the privacy of the patient, and write medical material in accordance with the provisions, without concealment, falsification or destruction of medical instruments and information.

Article 21 Medical institutions should strengthen the management of medical personnel, improve the quality and service levels and guarantee medical safety.

Article 22, in violation of this approach, stipulates that the staff of the executive organs play a role in the handling of medical disputes and do not fulfil their statutory obligations and shall be disposed of in accordance with the law; constitutes an offence and hold criminal responsibility under the law.

Article 23, in violation of this approach, provides that medical institutions do not establish pre-removal cases for treatment of medical disputes, are rectified by a sensitivities of the health administration; in the case of serious circumstances, they are treated in accordance with the law by the competent and other direct responsibilities.

Medical institutions and their medical personnel violate the relevant laws, regulations, regulations and regulations, which are governed by the law.

Article 24 is one of the following acts by a patient or a patient's family, which is punishable by law by a public security authority; constitutes an offence punishable by law:

(i) The possession of medical institutions for medical treatment or office premises and the pursuit of sexual abuse;

(ii) To refrain from relocating the body to a medical order that is disrupted by the outposting of the body, or by a medical institution, in the form of an extortion, ventilation and posting of the word;

(iii) Obstacles the legal profession, insults, defamation, threats, beating medical personnel or violations of the liberty of medical personnel;

(iv) The destruction of important information, such as equipment, property and morbidity, archives, of medical institutions;

(v) Other violations of the provisions of policing management.

Article 25, in violation of this approach, provides for delays in the payment of compensation by the Medical Liability Insurance Corporation, which is punishable by law by the insurance supervisory authority.

Article 26 Disposal of medical disputes by various medical agencies at all levels of the zinc forces may be implemented in the light of this approach.

Article 27 of this approach is implemented effective 1 February 2009.