1. Both doctors and patients mediate under the auspices of the person in charge of the dispute mediation room of the County People's Mediation Center;
2, patients or their families can apply to the county health bureau medical unit, medical accident technical appraisal;
3. Patients or their families may bring a lawsuit to the county people's court and make a civil judgment according to law.
The penalties for medical accidents are as follows:
1. disciplinary action: doctors or medical institutions may face disciplinary actions such as warning, recording demerits, and recording serious demerits. The specific punishment method and degree can be different according to the nature, severity and local laws and regulations of medical accidents;
2. Administrative penalties: Medical institutions or doctors may be subject to administrative penalties, such as fines, revocation of practice licenses, revocation of practice licenses, etc. The specific way and degree of administrative punishment can be decided by the regulatory agencies according to law;
3. Criminal responsibility: In some serious medical malpractice cases, doctors or medical institutions may be investigated for criminal responsibility, such as being prosecuted and sentenced. The specific criminal responsibility and punishment will vary according to the seriousness of the case, the degree of harm and the legal provisions;
4. Civil compensation: victims of medical accidents have the right to seek civil compensation, including medical expenses, mental damage compensation, disability compensation, loss of working ability, etc. Doctors or medical institutions may be liable for compensation.
Conditions for determining the crime of medical malpractice:
1 object. The object of this crime is the working order of medical units and citizens' right to life and health. The object of this crime is the patient whose life, health and safety are being infringed by the disease;
2. objectively. Objectively speaking, this crime is characterized by serious irresponsibility, resulting in the death of patients or serious damage to their health. Specifically includes the following aspects:
(1) There are serious irresponsible behaviors of medical staff in diagnosis and nursing;
(2) Serious damage to health or death of the patient due to serious irresponsible behavior;
(3) There must be a causal relationship between serious irresponsible behavior in criminal law and serious injury and death of patients.
3, the main body. The subject of this crime is a special subject, a medical staff who has reached the age of criminal responsibility, has the ability of criminal responsibility and has carried out illegal medical behavior;
4. Subjective aspects. Subjectively, this crime is manifested as negligence, that is, the actor has a major professional negligence in patient casualties. Here, this crime requires the actor to have gross negligence subjectively, not general negligence, that is, from the point of view of subjective negligence, the actor has gross negligence subjectively.
To sum up, the limitation of medical malpractice litigation is one year, counting from the time when the damage result is known or should be known. Those who know or should know that medical behavior has been more than 20 years are not protected by law.
Legal basis:
Article 12 18 of the Civil Code of People's Republic of China (PRC).
If the patient is damaged in the diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.