Guiyang city medical dispute prevention and handling of interim measures

Chapter I General Provisions Article 1 For the effective prevention and timely and efficient handling of medical disputes, the protection of the legitimate rights and interests of doctors and patients, and the maintenance of medical order, according to the relevant laws and regulations, combined with the actual situation in the city, the formulation of these measures. Article 2 These Measures shall apply to the prevention and handling of medical disputes occurring in the practice of medical institutions and family planning service organizations (hereinafter referred to as medical institutions) within the administrative area of the city.

The medical dispute referred to in these measures, refers to the doctor and the patient on the medical institutions of diagnosis and treatment, nursing behavior and results and its cause, responsibility, compensation and other aspects of the differences arising from the dispute. Article 3 the prevention and handling of medical disputes should follow the people-oriented, according to law, fair and just, timely and convenient, fast and efficient principle. Article 4 The administrative department of health shall fulfill its supervisory and management duties in accordance with the law and do a good job in preventing and handling medical disputes. Article 5 The administrative department of health shall promote the construction of mediation organizations for medical disputes, and do a good job in the management of medical dispute mediation. Medical dispute mediation committee's work methods are formulated separately. Article 6 medical institutions shall set up the patient's reception place, accept the patient's consultation and complaints.

Medical institutions shall participate in medical liability insurance in accordance with relevant state regulations. Health administrative department shall encourage medical institutions to participate in medical liability insurance. Article VII of the patient's right to life and health, the right to information, human dignity and other rights are protected by law.

The affected party's unit, the grass-roots mass self-government organizations, the local township people's government, the street office shall cooperate in the handling of disputes between doctors and patients. Article VIII of the news organizations and their staff shall comply with relevant laws and regulations, abide by professional ethics, and strive to be objective and fair, to avoid misrepresentation, and correctly play the role of public opinion supervision. Chapter II prevention of medical disputes Article IX health administrative department shall strengthen the supervision and management of the practice of medical institutions, urging medical institutions and medical personnel to improve the quality of medical services, to ensure medical safety, safeguard the rights and interests of patients. Article 10 The public security organs shall strengthen the security management of medical places, develop and improve the work norms, clear on-site disposal work procedures and methods, and deal with violations of law arising from medical disputes in accordance with the law. Article XI of the medical institutions shall, in accordance with relevant laws, regulations and rules, to develop and improve the rules and regulations, strengthen their own management, improve the quality of medical services and service level, to ensure medical safety and prevent medical disputes. Article XII of the medical institutions shall formulate medical dispute prevention and disposal plan, the establishment of the prevention and disposal of disputes between doctors and patients mechanism, and report to the local health administrative departments and relevant departments for the record. Article XIII of medical personnel shall comply with the following provisions to prevent medical disputes:

(1) comply with medical and health laws, regulations, rules, systems and technical practice standards;

(2) establish professionalism, abide by professional ethics, enhance responsibility, care for patients, safeguard the dignity of the patient, and to protect the patient's privacy;

(3) study the business, update the knowledge, and improve the professional and technical level;

(3) study the business, update the (c) study the business, update knowledge, and improve professional and technical skills;

(d) truthfully inform patients or their families of the patient's condition, medical measures, medical risks, and medical expenses, and promptly answer their inquiries;

(e) write and keep medical records in accordance with the provisions of the medical records, and shall not conceal, falsify, or destroy the medical documents and related information. Article 14 The patients and their families shall abide by the following provisions:

(1) consciously observe and maintain the public **** order of the medical institutions;

(2) truthfully state their conditions to the medical personnel, and cooperate with the medical personnel in the diagnosis, treatment and care;

(3) pay the medical expenses in accordance with the prescribed time limit;

(4) complain or apply for mediation in accordance with the provisions of this Measures to complain or apply for mediation. Chapter III Medical Dispute Reporting System Article 15 Medical institutions shall report medical disputes to the administrative department of health in accordance with the provisions of the medical disputes shall not be concealed, delayed reporting, false reporting. Article XVI patients found that medical personnel violated the diagnostic and treatment procedures and technical operation standards, infringement of patients' rights and interests, should be promptly reported to the medical institutions or health administrative departments. Article XVII of the medical personnel of the occurrence of medical disputes should be timely and in accordance with the provisions of the report to the medical institution. The personnel receiving the report shall immediately take measures to prevent the expansion of the situation, and investigate and verify in accordance with the provisions. Article 18 One of the following circumstances, the medical institution shall immediately report to the public security organs and retain evidence:

(1) violation of the provisions of the funeral management to dispose of corpses, illegally occupying the medical institution diagnosis and treatment, office space;

(2) intentional damage to or theft of the medical institution's property, equipment, and medical records and files, and other important information;

(3) obstruction of the physician to practice according to law , insult, slander, threaten, assault medical personnel or infringement of the personal freedom of medical personnel;

(4) other serious impact on the medical order of behavior. Chapter IV Handling of Medical Disputes Article 19 After a medical dispute occurs, a medical institution shall start a medical dispute handling plan and handle it in accordance with the following procedures:

(1) take control measures to prevent the situation from expanding according to the requirements of the duties stipulated in the plan, inform the affected party of the opinions of the hospital's experts in consultation in a timely manner and report it to the higher-level health administrative department;

(2) inform the affected party about the ways and procedures for handling medical disputes, responding to the consultation and questions of the affected party, and guiding the affected party to resolve the dispute in accordance with the law;

(3) sealing and unsealing the physical objects at the scene and the relevant medical records in accordance with the Regulations on the Handling of Medical Accidents in the presence of both the doctor and the patient***; and

(4) in case of a patient's death in the healthcare institution, removing the body to a morgue or a funeral home in accordance with the regulations. If the cause of death cannot be determined or there is disagreement on the cause of death, an autopsy shall be conducted in accordance with the provisions of the Regulations on the Handling of Medical Accidents;

(e) the negotiation between the two sides to resolve the medical dispute shall be carried out in the special reception place of the medical institution. The number of patients to the hospital, should be elected to represent the consultation, the number of representatives shall not exceed five;

(F) disposal is completed, to the administrative department of health to submit a report on the disposal of medical disputes, truthfully reflecting the occurrence of medical disputes and the investigation and handling of the situation.