How to deal with the occurrence of medical malpractice, medical malpractice treatment pathway has

Medical malpractice handling procedures report: "Regulations on the Treatment of Medical Accidents," Article 13 provides: "medical personnel in medical activities or found medical malpractice, may cause medical malpractice of medical negligence or medical malpractice disputes, should be immediately to the head of the department report, the head of the department should be promptly to the medical institution responsible for the quality of medical service monitoring department or full-time (part-time) staff report; responsible for the quality of medical services monitoring department or full-time (part-time) staff received the report. The department responsible for monitoring the quality of medical services or the full-time (part-time) staff report; the department responsible for monitoring the quality of medical services or the full-time (part-time) staff receive the report, shall immediately investigate, verify, and report the relevant information truthfully to the person in charge of the medical institution, and inform and explain to the patient." Article 14 states, "In the event of a medical malpractice, the medical institution shall, in accordance with the regulations, report the incident to the local health administrative department. In the event of any of the following acts of gross medical negligence, the medical institution shall report to the local health administrative department within 12 hours." The mandated reporting system serves the following purposes:(1) To report the occurrence of a medical malpractice or incident to a superior physician or administrative leader immediately after the occurrence of the malpractice or incident, so as to facilitate the timely adoption of effective remedial measures, and to minimize, to the greatest extent possible, the adverse effects of the malpractice or incident on the patient. (2) Timely grasp of first-hand information and evidence will help the accurate identification, accurate characterization and correct handling of medical accidents or incidents. Therefore, after the occurrence of a medical accident or incident, only if it is reported immediately, the medical unit can promptly send specialized personnel to keep all kinds of materials required for the purpose of identifying the facts of the case and sealing and retaining the scene, so as to avoid the occurrence of certain unfavorable situations that are detrimental to the appraisal and treatment of the medical accident or incident. (3) After the occurrence of medical malpractice, medical institutions and patients and their families often dispute the nature of the accident or incident and the cause of the occurrence of disputes, and it is difficult to unify the understanding of the incident, which requires a technical appraisal or autopsy. Immediate reporting, medical units or health administrative departments in order to carry out timely investigation and treatment, especially for fatal events, can be carried out in a timely manner autopsy, to ensure the accuracy of the results of the autopsy. The autopsy should be organized within 48 hours by qualified institutions and personnel. If the medical unit or the patient's family refuses to carry out the autopsy, or delays the autopsy for more than 48& hours, which affects the determination of the cause of death, the party who refuses or delays it shall be responsible. (3) When there is a dispute over the confirmation and handling of a medical malpractice, the case is referred to the local or municipal medical association for appraisal, and is handled by the administrative department of health. If one is not satisfied with the conclusions made by the expert group on technical appraisal of medical accidents or with the treatment made by the administrative department of health, the patient, his/her family members and the medical unit may, within 15 days from the date of receipt of the notification of the conclusions or the treatment, apply for re-appraisal by the technical office of medical accidents at the next higher level*** with the same or apply for a reconsideration by the administrative department of health at the next higher level, or they may also sue directly to the local people's court. Timely Measures to Prevent Expansion of Damage: Article 15 of the Regulations on the Handling of Medical Accidents stipulates, "Where medical negligence occurs or is discovered, the medical institution and its medical personnel shall immediately take effective measures to avoid or mitigate the damage to the patient's physical health and prevent the damage from expanding." Medical institutions to take timely and effective measures include: to confirm the degree of damage caused by negligent behavior and the necessary auxiliary examination; in order to mitigate the consequences of the damage to take the necessary medication, surgery and other treatments; in order to avoid medical malpractice disputes and other measures taken. These measures should be very targeted and effective, in order to strive to minimize the degree of damage caused to the patient. Custody of all kinds of information, sealing the scene in kind: "Regulations on the Treatment of Medical Accidents," Article 9 provides: "It is strictly prohibited to alter, falsify, conceal, destroy or seize the case information." Article 16 stipulates: "In the event of a medical malpractice dispute, records of the discussion of fatal cases, records of the discussion of difficult cases, records of the superior physician's examination, opinions of the consultation, and records of the course of the disease shall be sealed and unsealed in the presence of the physician and patient. The sealed medical records may be copies and shall be kept by the medical institution." Article 17 stipulates that "where it is suspected that transfusion, blood transfusion, injection, medication, etc., has caused adverse consequences, the doctor and the patient shall *** with the physical site for sealing and unsealing, sealed physical site by the medical institution for safekeeping; the need for testing, shall be designated by both parties *** with the testing organization qualified to test according to law; both parties can not *** with the designation of the health administrative department designated by the The administrative department of health shall designate. Suspected that blood transfusion causes adverse consequences, the need to seal and retain the blood, the medical institution shall notify the blood collection and supply institutions that provide the blood to send officers to the scene." Grasping first-hand information and evidence is a prerequisite for making accurate identification, accurate characterization and correct handling of a medical incident or event. Therefore, after receiving the report about the occurrence of medical malpractice of the medical personnel concerned and their departments, the medical unit should keep and seal the information in accordance with the law, so as to avoid the occurrence of things unfavorable to the handling of medical malpractice. Investigation: The medical unit shall immediately investigate and deal with the occurrence of medical malpractice or incident and report to the higher level health administrative department. Medical malpractice or incident occurring in individual practicing medical personnel shall be investigated and dealt with by the local health administrative department. Patients and their families may also make requests to the medical unit for investigation and handling. The process of investigating medical accidents or incidents is actually to find the basis for dealing with medical accidents or incidents, and to analyze the causes and process of the accidents or incidents, which is the key link in the whole process of dealing with medical accidents or incidents. The process of investigation generally involves the following aspects: First, the examination of evidence. First of all, the patient's medical record is the most primitive information that records the development of the disease, records the doctor's treatment method and thinking, and reflects the doctor's responsibility. In order to find out the truth of the accident, the medical records must be documented to determine whether they have been altered. Secondly, drug analysis and specimens are done on the medicines, vials and residual medicinal fluids extracted from the site investigation, and the blood, urine and secretions of the patient. Again, blood typing tests are done if there is a suspicion of wrong transfusion of allogeneic blood to a patient, a suspicion of a wrong newborn exchange, or a suspicion of improper allogeneic organ transplantation. Lastly, if it is suspected that the accident is caused by malfunctioning of medical equipment, it is necessary to ask professionals to examine the medical equipment and medical devices, etc., to determine whether there are any design defects, mechanical failures or circuit failures, and so on. Secondly, examination of the living body and autopsy of the corpse. Examination of the living body refers to the physical examination of the patient to determine whether the patient is disabled, whether there is tissue and organ damage caused by dysfunction, to determine the degree of disability and dysfunction of the degree of medical malpractice for the correct handling of objective, scientific basis. The autopsy of the corpse is mainly a pathological and forensic autopsy of the corpse to determine the cause of death. Thirdly, investigative interviews are conducted with the person in charge of the medical unit, the responsible medical personnel, the patient and his/her relatives, the patients present, etc., and medical authorities are consulted in response to difficult medical questions. In the process of dealing with medical malpractice, the inquiry of both doctors and patients should not be neglected. Because the questioning of both parties can get some useful information for medical malpractice treatment, and can better eliminate the contradiction between doctors and patients, communicate with both parties, so that medical malpractice can be successfully resolved. Conclusion: The medical malpractice department should make a final opinion on the handling of the accident on the basis of investigation and research. For cases that do not constitute medical malpractice, the patient and his/her family should be given a detailed written explanation of the situation and reasons. For cases constituting medical malpractice, the responsible medical personnel shall be ordered to bear civil or administrative liabilities in accordance with the Regulations on the Handling of Medical Malpractice and other laws and regulations, and those constituting the crime of medical malpractice shall be held criminally liable in accordance with the law. Medical disputes are complex and policy-oriented, medical units and health administrative departments must be serious in reception and handling, and do a good job in all aspects of the work to prevent unnecessary injuries from occurring: (1) Reception: the primary issue of reception of visitors is to enable the visitors to establish a sense of trust. Regardless of whether there is medical negligence, we must express our condolences to the patient or family members, with a sincere and enthusiastic attitude, even if the other side of the anger or language, but also to channel, persuade, do not get angry. The first visit to the patient must be patient to listen, carefully note, as much as possible to collect materials related to the dispute, in order to provide a basis for the investigation. Do not answer questions easily, either in the affirmative or in the negative. Don't interrupt when the visitor is stating his opinion, don't interrupt or make unnecessary explanations to prevent the misunderstanding of harboring or taking sides. Finally, conclusions must be made based on the facts, only thorough investigation and research can make a correct analysis and judgment. Therefore, medical records, physical objects, the scene needs to be properly preserved and protected. (2) autopsy link: family members reveal dissatisfaction with the medical process, the relevant medical personnel should be prepared, after the death of the patient written notice and guide the family to conduct an autopsy. According to the relevant regulations, the autopsy should be carried out by specialized institutions and qualified personnel recognized by the health administrative department, with the purpose of analyzing and diagnosing the cause of death, finding out whether there is any negligence, whether the surgery has mistakenly injured the organs, etc., so as to provide an objective basis for identifying and dealing with disputes. (3) the aftercare link: aftercare must not favoritism, adhere to the principle, and strive to qualitatively accurate, appropriate treatment, close the case quickly, leaving no loose ends. This is to strive for understanding, cooperation and support of patients or relatives, and rely closely on the local government and all relevant sectors of society. On the basis of the agreement, it is best to fulfill the notarization procedures, signed a notarized agreement to avoid repetition, so that the agreement has the force of law.