Tianjin Medical Dispute Solution

Original Language Title: 天津市医疗纠纷处置办法

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Tianjin medical dispute solution

    (20th of December 22, 2008, Tianjin Municipal Executive meeting Tianjin Municipal People's Government on January 1, 2009 to 15th release since February 1, 2009) first in order to effectively deal with medical dispute, maintaining order, protecting the legal rights of patients, medical institutions and personnel, in accordance with relevant laws and regulations, combined with the municipality, these measures are formulated.

    Medical dispute in these measures in article, refers to parties of doctor-patient examination of medical institution and its medical staff, medical clinics, nursing actions and their consequences, and its reasons, led to differences in understanding of responsibility caused controversy.

    Medical institutions at various levels in the city article with patients or family members of patients with forms of mediation of medical dispute treatment, application of this approach.

    The handling of medical accidents in accordance with the handling of medical accidents Ordinance (promulgated by Decree No. 351) regulations.

    Fourth disposal of medical dispute should follow lawful, fair, timely, and convenient principle, facts are clear, accurate, accountable, properly.

    Fifth public health Administrative Department 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.

    Judicial administration according to law, strengthen guidance on medical dispute mediation Committee.

    Insurance supervision and Administration Department shall strengthen the supervision and administration of medical liability insurance.

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

    Six news organizations should abide by the relevant laws and regulations, and abide by professional ethics and objective and impartial coverage of medical disputes, and correctly guide public opinion. Seventh article of the city, establishing the medical liability insurance system.

    The municipal public health Administrative Department to organize more than two medical liability insurance as required in public medical institutions, other medical institutions may voluntarily participating in medical liability insurance. Eighth municipal public health Administrative Department can by bidding or any other way to write medical liability insurance insurance company.

    Medical liability insurance company, within the scope of the insurance contract, medical institutions for medical disputes compensation. Nineth insurance medical insurance costs from operating expenses would be covered by, and according to the provisions included in the costs of medical care.

    Medical institutions shall not participate in the medical liability insurance and to increase the existing fees or de facto increase the burden on patients.

    , Medical disputes, the tenth article of the city people's mediation committees shall perform the following duties:

    (A) the mediation of medical dispute, 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, make a written conciliation agreement;

    (E) to the patients and their family or medical institutions providing medical dispute resolution advisory kimono;

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

    The establishment and composition of the medical dispute mediation Committee, Department of judicial administration according to law, its funding and subsidy costs of the people's mediation work by the financial guarantee.

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

    After the 11th medical disputes, claims no more than 10,000 yuan, can be used by medical institutions and patients or patients ' relatives negotiated settlement.

    After medical disputes, claims more than 10,000 yuan, both doctors and patients, medical disputes, parties may apply to the people's Mediation Committee mediation.

    After medical disputes, doctors and patients both parties may initiate litigation to the people's Court according to law.

    12th medical disputes in medical institutions should develop disposal plans and report to local health administrative departments and public security organ for the record.

    After the 13th medical disputes and medical agencies shall, in accordance with the following process:

    (A) start the preparedness of medical disputes timely hospital specialists, inform patients or patients ' relatives of the consultation and report to local health administrative departments shall not conceal, delaying the report, false;

    (B) in the presence of doctors and patients both parties a common case, according to the provisions of the regulations on the handling of medical accidents sealed and unsealed field related to physical and medical records;

    (C) patients die within medical institutions, required to move the body peace or funeral home, patient disagrees with the parties cannot determine the cause of death or the cause of death, according to regulations on the handling of medical accidents autopsy;

    (D) 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;

    (E) the amount claimed does not exceed 10,000 Yuan by the medical institutions and patients and their families in medical institutions to set up special reception site consultation, number of hospital patients and their families in more than 5 people, should elect representatives for consultation, representation shall not exceed 5;

    (F) disposal after the disposal of medical dispute report to the local Health Administration Department, reflect the disposition of medical disputes and. Article 14th parties admissible applications for doctors and patients, medical disputes Mediation Committee shall be admissible within the 3rd; need for medical malpractice, it shall notify the parties to apply for medical malpractice doctors and patients.

    Doctors and patients has filed a suit before the parties, people's mediation committees are no longer accepting applications for medical disputes.

    Medical dispute mediation committees separately to both doctors and patients should be asking the parties dispute the facts and circumstances and understand the requirements of the parties and the reasons for doctors and patients, investigation and verification from the parties as needed, do a good job getting ready for a mediation.

    Medical dispute in mediation before the Mediation Committee shall verbally or in writing, inform the doctor-patient nature, principles and effectiveness of the conciliation of the parties, as well as parties at the mediation activity of doctors and patients to enjoy rights and obligations.

    15th medical dispute mediation committee mediation of medical dispute in accordance with the following procedures:

    (A) shall specify 1 name arbitrators to mediate host, you can specify the number of arbitrators to participate in mediation if needed, persons chairing the conciliation of the parties submit a withdrawal request of doctors and patients, medical disputes Mediation Committee shall be reversed;

    (B) bring doctors and patients both parties to mediation the mediation places specifically set;

    (C) the doctors and patients both parties can hire a lawyer to participate in mediation;

    (D) in ascertaining the facts and responsibility based on doctor-patient mutual understanding of the parties and clear the air. Medical dispute mediation committee mediation shall accept mediation of medical dispute began 1 month of Interior knots. Parties agree to an extension of doctor and patient, and can be further extended by 1 month.

    Mediation due a mediation agreement has yet been reached, as mediation fails, patient parties may initiate litigation to the people's Court according to law. 16th through mediation to resolve medical disputes, according to doctors and patients both parties request, make a written mediation agreement. Doctors and patients both parties shall abide by and perform the mediation agreement.

    Conciliation agreements determine the amount of compensation, as a basis for medical liability insurance company's claims.

    After the 17th medical disputes, medical institutions shall truthfully provide the medical liability insurance company provides medical malpractice information, medical liability insurance company in accordance with the relevant provisions of investigation and verification.

    People of medical dispute Conciliation Commission a conciliation agreement, mediation or court to make a judgement, medical liability insurance company shall pay compensation in a timely manner.

    The 18th 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, Taiping or funeral home refused to move the bodies to the families, after persuasion failed, public security organs have the right to order the corpse to Taiping to the families or funeral homes.

    After the medical dispute in 19th, patients or patients ' relatives have the right to copy or replicate their outpatient medical records, hospital records, temperature, orders, orders, laboratory (analytical report), medical imaging information, special examination consent, consent, surgery and anaesthesia records, pathology, nursing records and other medical records of the health Administrative Department under the State Council.

    Patients and their families should be civilization according to law to express their views and demands, without excessive or illegal shall not disturb the normal order.

    20th medical practising activities, personal dignity and security of the person are inviolable.

    Medical personnel shall abide by hygiene laws, rules, regulations and technical operations specification for diagnosis and treatment, protection of patient privacy, write medical records in accordance with regulations, not concealment, falsification or destruction of medical documents and related information.

    21st medical institutions should strengthen their management of the medical staff, improve the quality of care and service level to guarantee medical safety.

    22nd article violates these rules, and executive staff in dealing with medical disputes in the process neglect fails to perform the statutory duties shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    23rd violates these rules, medical disputes in medical institutions do not develop disposal plans, the public health Administrative Department shall order rectification are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

    Medical institutions and medical staff violated provisions of the relevant laws, regulations, rules, and by relevant departments according to law.

    24th patients or family members of patients with any of the following acts, by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) occupy or Office in medical institutions, to cause trouble;

    (B) refuses to move the body morgue, a funeral home or in medical institutions pulling banners, set Hall, put up posters and other medical disorder;

    (C) impede physicians practise according to law, insults, slander, threats, beatings or violations of the freedom of medical personnel of medical staff;

    (D) destruction of the equipment of medical institutions, property and medical records, files, and other important information;

    (E) other acts violating the regulations.

    25th article violates these rules, medical liability insurance company delayed payment by the insurance supervision and Administration Department shall be punished according to law.

    26th the Jin force disposal of medical dispute in various types of medical institutions at all levels, can be performed in accordance with the measures. 27th article this way come into force February 1, 2009.