Fujian Medical Disputes Prevention And Treatment Approaches

Original Language Title: 福建省医疗纠纷预防与处理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
  Chapter I General provisions article in order to effectively prevent and handle medical disputes, protect the legitimate rights and interests of the patients and medical institution and its medical staff, maintaining order and building a harmonious doctor-patient relationship, according to relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second medical disputes in these measures refers to doctor-patient dispute parties thrown for diagnosis and treatment.

Article medical disputes prevention and treatment in the administrative area of the province, these measures shall apply.

Fourth in dealing with medical disputes should follow lawful, fair, timely, and convenient principle, the facts are clear, accurate, accountable, properly.

Fifth article County above Government should strengthening medical disputes prevention and processing work of led, will medical disputes prevention and disposal work into social security comprehensive system, established to "hospital internal communication mediation, and emergency disposal linkage, and medical patient disputes third party mediation, and medical responsibility insurance, and medical rescue" for main content of prevention and disposal medical patient disputes "five bit one" work mechanism, coordination solution medical disputes prevention and processing work in the of major problem, urged about sector law perform duties.

Medical institutions, with domicile or place of residence, where Township people's Government (Street), the village (neighborhood) Committee shall cooperate with the relevant departments of Hong Kong and the medical disputes prevention and treatment work.

Sixth people's Governments above the county level health and family planning administrative departments shall guide, supervision of medical disputes prevention and treatment work in medical institutions, medical institutions and medical personnel responsible for dealt with according to law.

Article seventh judicial administrative departments should strengthen the people's Governments above the county level to guide the work of people's mediation of medical dispute and promote standardization of the work of people's mediation of medical dispute.

Article eighth people's Governments above the county-level public security organs shall safeguard medical institutions of law and order, supervise and guide the work of medical institutions in the implementation of internal security, to investigate and punish violations of medical staff, patients, personal and property safety and disturb the order of medical institutions in criminal acts.

Nineth fiscal, civil affairs, the people's Government above the county level pricing, complaint letters and calls departments shall, in accordance with their respective responsibilities, such as medical disputes prevention and treatment work.

Insurance supervision and Administration Department shall, in accordance with relevant State regulations, regulatory norms for medical liability insurance and accident insurance institutions of insurance business.

Tenth news media should abide by the relevant laws and regulations, and abide by professional ethics and advocating civilized and harmonious doctor-patient relationship, mutual trust, objectively and comprehensively, truthfully reported medical disputes, and correctly guide public opinion.

Citizens, legal persons or other organizations publish medical dissension and related comments, shall comply with the relevant laws and regulations, according to the facts. 11th the establishment of the people's mediation system of medical disputes.

Municipalities and counties (districts) shall establish a medical dispute mediation Committee (hereinafter referred to as Commission), responsible for the administration of medical disputes in the people's mediation work. Medical Commission mediation of medical dispute does not charge any fees from the parties.

Medical Commission the daily Office, work and people's mediators subsidy by the financial guarantee. 12th establishing and perfecting the social medical assistance mechanism.

After the medical disputes, family economic status of patients eligible for social assistance, can contribute to the Township people's Government (Street) applied for social assistance.

Chapter II prevention 13th people's Governments above the county level health and family planning administrative departments should guide medical disputes in medical institutions to establish a sound early warning mechanism, doctor-patient communication consultation mechanism, standardizing the medical institutions, medical personnel and medical technology admittance and strengthen the medical institution and its medical staff practice behavior, medical technology and medical equipment supervision and management, supervision, guidance medical institutions improve the quality and level of service.

14th medical institutions should strengthen the training for business and professional ethics education of medical staff and improve doctor-patient communication skills, establish and improve the medical quality supervision and evaluation system, safety responsibility system and the fault responsibility investigation system, improve the medical quality management and control system.

15th medical institutions shall establish and improve the system of medical dispute treatment, development of medical disputes prevention and disposal plans, clear heads of medical institutions, Department heads and responsibilities in handling medical disputes in medical staff, regulate the disposal of medical dispute procedures, regular analysis of causes of medical disputes and prevention of medical disputes. 16th medical institutions shall establish and improve doctor-patient communication consultation mechanisms, clear advice, complaint management, set the reception site, equipped with (and) staff, accept patient inquiries and complaints.

Published in prominent positions in medical institutions of medical dispute solutions, procedures, as well as the responsibilities of the Commission and other relevant bodies, address, and contact information. 17th article medical institutions and medical personnel in medical activities in the should comply with following provides: (a) comply with medical health management legal, and regulations, and regulations and clinic nursing specification, and General, adhere to the medical service ethics; (ii) care, and love, and respect patients, protection patients privacy; (three) for disease Shi rule, reasonable treatment; (four) to patients truthfully told illness, and medical measures, and medical risk, and medical costs, situation, and timely answers its advisory, do psychological grooming. If truthfully told patients may produced adverse consequences of, should truthfully told its near relatives; (five) need implementation surgery, and special check, and special treatment, and experiment sex clinical medical of, should made patients or its near relatives of written agreed; (six) for rescue life dying of patients, emergency situation, cannot made patients and near relatives views of, by medical institutions head or authorized of head approved, can immediately implementation corresponding of medical measures; (seven) according to national provides writing and save records information.

For rescuing patients with acute diseases, failing to write medical records in a timely manner, relevant medical personnel should be completed within 6 hours after the end of the rescue, and annotated.

18th medical personnel in medical activities shall not be any of the following acts: (a) violation of treatment specifications, rule, unnecessary and inspection carried out; (b) the use of inappropriate diagnosis and treatment of the disease, drugs and medical devices, and (iii) alteration, falsification, concealment, destruction, discarded medical records and (d) accept patients ' belongings or seek any other illegitimate benefits.

19th article patient party should comply with following provides: (a) comply with medical institutions management system and medical order, respect medical personnel; (ii) truthfully to medical personnel statement illness history, tie medical personnel for check, and clinic and nursing, and according to requirements signed related informed agreed written material; (three) according to provides paid medical with; (four) tie medical institutions according to illness requirements its referral or discharged of arrangements; (five) on medical behavior has objections of, law expression views and demands.

Patients may not be forced beyond its treatment in medical institutions and the practice of medicine.

20th article patient party right to check out, and copy or copy patients door (urgent) diagnosis calendar and hospital records in the of temperature single, and orders single, and hospital records (admitted records), and surgery agreed book, and anesthesia agreed book, and anesthesia records, and surgery records, and ill (critically ill) patients nursing records, and discharged records, and transfusion treatment informed agreed book, and special check (special treatment) agreed book, and pathology report, and test report, auxiliary check report single, and medical image check information, objective records clinic activities of records information.

Progress notes, case discussion, consultation and other subjective analysis clinical data do not belong to copy or duplicate the category.

Public security, justice, and insurance, as well as departments in charge of technical appraisal for medical accidents, was handling the case, law enforcement professional and technical identification and audit of commercial insurance needs, inspect or copy medical records request made, after the person in charge in the provision of relevant documents, medical institutions can provide part or all of the medical records of patients with as needed. Patients in accordance with requirements article 20th 21st article copy or copy medical records, medical institutions shall provide a copy or copy service and stamped with proof marks on the copy or copies of medical records.

When you copy or copy medical records, should be present.

Medical records have not been completed, request copies or copying medical records, completed medical records can be copied or reproduced, after completing medical record in medical personnel in accordance with the provisions of, and then to duplicate or copy the new finish.

22nd public security organs should work with health and family planning administrative departments and medical institutions within the area of medical disputes prevention and docking mechanism for information sharing and police rapid response. Public security organs should be established at the tertiary hospital police room, level II hospital as a patrol point, conditional to the establishment of police surrounding establishment of law and order or position.

A medical institution shall provide office accommodation and related facilities for the police.

23rd public security organs shall, in accordance with the regulations, eligible medical institutions within the jurisdiction escalation level people's Governments identified as key units for security, and urged medical institutions to implement security measures.

Medical institutions shall implement the accountability system for public security of the units to strengthen "defense, physical, and technical security" construction to improve the public security prevention and control system.

Chapter disposal section I General provisions article 24th the people's Governments above the county level shall establish a diversified medical dispute resolution mechanisms.

After medical disputes, doctors and patients the parties may select one of the following ways: (a) negotiate reconciliation; (b) to the Medical Board for mediation and (iii) initiate litigation to the people's Court; (d) the laws, regulations, rules and regulations of the other ways.

25th article occurred medical disputes Hou, medical institutions should take following measures for disposal: (a) heard patient party views, to its told medical disputes of processing way, and method and program, answered related advisory and questions, guide its law solution disputes; (ii) told records copy, and sealed of about provides; (three) patients in medical institutions within death of, told about body disposal of provides; (four) necessary Shi Organization experts consultation, and will experts consultation views told patients and near relatives;

(E) the need to activate emergency response plans, measures should be taken in accordance with plans, and promptly report to the local health planning and public security departments, and inform the Medical Commission; (vi) cooperate with health and family planning, public security departments and medical Commission doing the investigation and evidence collection and dispute resolution work. 26th medical disputes need sealed medical records shall be in the presence of both doctors and patients case together to confirm the case, checked medical records copying (business) or the original.

Medical record copies in storage (System) or originals kept by medical institutions.

Medical records has not yet been completed need to be sealed, completed medical records can be copied () sequestration; medical records in accordance with regulations is complete, then subsequent finish part of the record copy (System) for storage.

From the date of medical record storage for 2 years, patients did not advocate medical liability, medical institutions can be unsealed.

27th article suspected infusion, and transfusion, and devices, caused bad consequences of, medical patient both party should common on site real for sealed or unsealed, sealed of site real by medical institutions custody; need test and has test conditions of, should by medical patient both party common specified law has test qualification of test institutions for test; both party cannot common specified Shi, by health family planning administrative sector specified. 28th article of death, doctors and patients both parties failed to ascertain the cause of death or the cause of death has objections, should patients died within 48 hours of an autopsy; the body freezing conditions, can be extended to 7th. Close relatives of the deceased, the autopsy should be agreed and signed without good reason refused to sign, considered close relatives of the deceased does not agree to an autopsy.

Refuse or delay the autopsy, exceeds the allotted time influence determining the cause of death, by refusing or delaying party responsibility.

Parties may make doctors and patients attended the autopsy forensic pathology, may also appoint representatives to observe the autopsy process. Article 29th patients die within medical institutions, family members of patients with body shall immediately be transferred to the morgue, and should not be longer than 2 hours kept the morgue the bodies may not exceed 48 hours.

Morgue is not set by the medical institution shall, within 2 hours of corpse to the funeral home.

For violation of the provisions of the preceding paragraph fails to deal with the remains, with the approval of registered health practitioners in medical institutions and family planning after the approval of the competent authorities and bodies received by the medical institutions to inform the funeral home.

Funeral homes after notification of the receipt of a medical institution shall promptly arrange for vehicles and personnel arrived at the scene, in accordance with the provisions of receiving body procedures and transfer of the body to the funeral home.

30th article ban any units and personal implementation following behavior: (a) in medical institutions within beat medical personnel or deliberately hurt medical personnel body, and deliberately damaged public-private property; (ii) in medical institutions private Hall, and placed laid a wreath at the, and burning paper money, and hanging banner, and jam door or to other way disrupt medical order; (three) in medical institutions of Ward, and rescue room, and heavy syndrome guardianship room, places and the medical institutions of public open regional violations Park remains, effect medical order;

(Four) to no left work places, way illegal limit medical staff liberty; (five) flagrant insult, and abuse, and denigrated, and intimidation medical staff; (six) illegal carry guns, and ammunition, and control apparatus or explosive, and radioactive, and poison sex, and corrosion sex, dangerous items into medical institutions; (seven) deliberately expanded events, abetting others implementation for medical institutions or medical personnel of illegal crime behavior, or to by others delegate processing medical disputes for name implementation extortion, and belligerent trouble, behavior;

(VIII) other acts that disturb the normal order of medical institutions. 31st article occurred this approach 30th article by column behavior, and for medical fault led to patients death, and heavy degrees personal disability or 3 people above personal damage consequences of major medical disputes, County above government health family planning administrative sector received medical institutions report Hou, should according to following requirements disposal: (a) obliges medical institutions immediately take measures, prevent events expanded, and organization personnel scene tie police organ do site disposal work; (ii) for policy regulations publicity and education grooming, work,

Leading both doctors and patients choose the appropriate way to resolve the dispute and (iii) notify patients units or township people's Government (Street), the village (neighborhood) committees involved in disposal of medical dispute.

32nd article police organ received medical disputes police love Hou, should according to following provides for disposal: (a) immediately organization police rushed to the site; (ii) carried out education grooming, screening site riot personnel identity, stop radical behavior, maintenance site order; (three) law investigation site occurred of various illegal crime behavior; (four) on in medical institutions violations stopped corpse, disrupt medical order of, by persuaded, and warning invalid of, law take forced measures and will suspected illegal crime of personnel with away from site survey processing;

(E) violence or unlawful restriction of liberty medical personnel of medical staff, it should be stopped, punishment or criminal responsibility shall be investigated according to law. Section II consultation and conciliation article 33rd medical disputes, patients ' claims for an amount not exceeding 20,000 yuan of both doctors and patients can resolve on their own. Doctor-patient consultations bilaterally, should be carried out in accordance with the following provisions: (a) consultations between doctors and patients to participate in number shall not be more than 5, and to produce a valid proof of identity.

More than 5 people, should elect representatives to consult (b) should be in accordance with civilized express their views and demands, without excessive or illegal shall not disturb the normal order and (iii) consensus, shall prepare, sign a written settlement agreement.

Article 34th medical disputes, parties may apply for medical doctors and patients to medical Commission to mediate disputes, select medical Commission for mediation shall abide by the people's mediation law the relevant provisions.

Doctors and patients may apply for mediation in writing of the parties, apply for mediation or orally; oral application of mediation, arbitrators shall record the applicant, for mediation of the dispute and grounds and other content, and signed by the applicant.

Informed medical institutions that are major medical malpractice doctors people's mediators may be assigned to medical institutions, and dredging work carried out, accepting applications for mediation.

35th Medical Commission performs the following functions: (a) accept an application for mediation of medical dispute; (b) hospitality consulting, leading both doctors and patients in accordance with the principles of legality, voluntary settlement of medical disputes and (iii) mediation of medical dispute and (iv) other duties stipulated by laws and regulations. 36th Medical Commission of people's mediators should be fair, good character, with medical, legal expertise and experience in mediation, active in the people's mediation work.

Each city, County (district) Medical Commission should stick to full-time part-time combined employment of professionals from medicine, law, psychology, people's mediators, organizing medical dispute arbitrators.

People's mediators in the mediation of the Commission was informed that patients and medical staff privacy or commercial secrets of the medical institutions have the duty of confidentiality. People's Governments above the county-level judicial administrative departments shall regularly to the Medical Commission of the people's mediators for business training.

Training shall not charge any fee. 37th Medical Commission should be established by the relevant medical, pharmaceutical, psychological experts, insurance and legal experts, investigation, assessment and mediation for medical disputes providing technical advice.

The people's Government above the county level health and family planning and the establishment of the judicial administrative departments of experts should give support and guidance.

Encourage integrated regional health care dispute resolution expert resources, advocate the conditions of the Medical Commission to promote the use of remote video to consult experts, participate in mediation of medical dispute. Article 38th Medical Commission after receiving a medical dispute mediation request, shall, within 3 working days to review it.

Decide to accept, respond in a timely manner the parties; inadmissible, shall notify the parties in writing and state the reasons.

After the Medical Commission accepts the application for conciliation, shall inform the patient and the rights and obligations of the parties in the mediation process. 39th Medical Commission to mediate disputes, in accordance with the following requirements: (a) identify 1 or 3 arbitrators to act as mediator. More than 1 the mediator shall, in determining the host 1 mediation.

Medical patient both party on mediation member proposed avoided requirements and reason full of, the mediation Member should avoided; (ii) both party can hired lawyer, and delegate agent, and elected representative participate in mediation, unilateral representative number not over 5 name, by delegate people should to medical adjustable Board submitted authorized Attorney; (three) mediation should in specifically set of mediation places for; (four) people mediation Member for mediation Shi, should do mediation record.

40th people's mediators should be separately to both doctors and patients understand the relevant facts and circumstances needed access to medical records or to the relevant experts and staff, relevant units and personnel should be given support.

Arbitrators through such methods as persuasion and guidance, physician-patient consultation on an equal footing on the basis of the parties reached a conciliation agreement. 41st article claims more than 20,000 yuan and 100,000 yuan of medical disputes, the Medical Commission shall consult experts in the expert database, the consent of the expert advice and mediation recommendations.

Claims more than 100,000 yuan of medical disputes, should first identification or medical malpractice medical malpractice, with clearly defined responsibilities.

Identification or medical malpractice medical malpractice in accordance with national laws and regulations shall apply.

42nd patient conciliation agreements reached by both parties, shall be made, signed conciliation agreement in writing.

Conciliation by the Medical Commission reached a mediated agreement, the parties deem it necessary, May 30th after the effective date of the mediation agreement together to the Court for judicial confirmation. Article 43rd Medical Commission shall accept mediation within 30 working days from the date of the application for mediation to end mediation period does not contain identification of the time.

Due to special circumstances require extension of mediation, parties may agree to extend the term doctor and patient over an agreed period a mediation agreement has yet been reached, as mediation fails.

44th under any of the following circumstances, medical Commission was inadmissible; has been accepted, and terminate the mediation: (a) the party refuses mediation or mediation, (ii) one of the parties to the court proceedings, the people's Court has accepted or decision, (iii) the dispute has nothing to do with the diagnosis and treatment of medical institutions and (iv) other circumstances as stipulated by laws and regulations.

Termination of conciliation, it shall inform the parties in writing and state the reasons.

Fourth chapter article 45th medical liability insurance family planning administrative departments for public health shall actively promote the people's Government above the county level in public medical institutions in accordance with the regulations to have health insurance, non-public medical institutions are encouraged to participate in medical liability insurance, liability insurance of medical personnel to participate in practice, patients participating in the medical insurance.

Article 46th medical liability insurance, the insurer shall, in accordance with relevant regulations of the State, following the principle of guaranteed profit, science to determine insurance rates, and according to medical institutions and clinical risk size, annual medical malpractice payments in the past, floating rate in consultation with medical institutions.

Encourage medical liability insurance institutions to develop a variety of medical liability insurance products.

47th medical institutions participating in the medical liability insurance, the medical liability insurance premiums in health-care spending would be covered by.

48th medical disputes and medical agencies shall, in accordance with the People's Republic of China insurance regulations and terms of the contract of insurance, medical liability insurance the insurer reported in a timely manner, and truthfully provide the insurer with the situation of medical disputes.

49th medical liability insurance, the insurer shall, in accordance with the insurance contract, the entry into force of the people's Court of mediation or award, the Medical Commission of the conciliation agreements, underwriting, Agency-approved doctors and patients both parties the reconciliation agreement reached in accordance with law as a basis for medical liability insurance claims, claims in a timely manner, and to provide related services.

The fifth chapter legal liability article 50th acts in violation of these rules, laws, rules and regulations on penalties from its provisions.

51st article County above government health family planning, and judicial administrative, and police, and home, sector and staff, in medical disputes prevention and disposal work in the, not according to this approach provides perform duties, led to medical disputes intensified, raised major case or other serious consequences, or illegal intervention consultations, and mediation of, by its competent sector or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal.

52nd article violation this approach provides, medical institutions has following case one of of, by County above government health family planning administrative sector give warning, ordered corrected; refused to corrected or caused serious consequences of, law on directly is responsible for of competent personnel and other directly responsibility personnel give disposition: (a) not for ethics education and business training, or not established medical quality monitoring and evaluation system, and medical security responsibility system and fault responsibility held system of; (ii) not developed medical disputes disposal plans;

(C) reception sites is not set, or with (and) staff, not prominently published medical dispute solution in medical institutions, procedures, as well as the responsibilities of the Commission and other relevant bodies, address and contact information, and (iv) failing to provide required medical records copying or replication services. 53rd article violation this approach provides, medical personnel has following case one of of, by County above government health family planning administrative sector in accordance with People's Republic of China practice industry physician method People's Republic of China drug management method nurse Ordinance, about legal, and regulations be punishment; constitute crime of, law held criminal: (a) violation clinic specification, and General, implementation without to check of; (ii) using and illness not affordable of clinic technology, and drug and medical devices of; (three) hidden, and tampered with, and forged

Of medical records dropped, damaged, and (iv) accepting patients and their close relatives property or seek any other illegitimate benefits.

54th article violation this approach provides, medical disputes people mediation Member has following case one of of, by medical disputes people Mediation Committee give criticism education, and ordered corrected, plot serious of, law be dismissed; constitute crime of, law held criminal: (a) bias party party of; (ii) insult party of; (three) obtained, and received property or seek other not due interests of; (four) leaked medical patient both party personal privacy of.

55th in violation of the provisions article 30th, disturbance to normal medical medical order, damage public and private property, infringement of the legitimate rights and interests of others, by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

56th news media or journalists for truth is not known, survey results have not yet been released of doctor-patient dispute false reports or report to incite antagonism, causing serious adverse effects and consequences, in accordance with the relevant provisions of the State responsibility.

57th for refusing to perform the insurance contract of indemnity obligations of the insurer and the person responsible, insurance supervision and Administration Department shall be dealt with according to law.

Sixth chapter supplementary articles article 58th medical institutions in these measures, is in accordance with the provisions of the regulation of medical institutions having a medical license to practice agencies.

Mentioned in these measures refers to patients, including close relatives of patients, patients and patients ' representatives.

Article 59th of medical disputes caused by illegal medical practice, not part of the medical dispute in these measures, in accordance with the relevant laws and regulations. 60th these measures come into force on July 1, 2016.

Related Laws