In one of the following cases, "medical mediation" is not accepted: the parties have filed a lawsuit to the People's Court; the parties have applied to the administrative department of health and has been accepted; the parties by the mediation of the Commission on Mediation is difficult to reach an agreement, one of the party asked for mediation again; the disputes arising from the illegal practice of medicine ; medical disputes occurring in non-jurisdictional medical institutions; other civil disputes arising from non-medical acts occurring in medical institutions.
If the patient neither agrees to mediation, nor files a lawsuit with the court, nor applies for the treatment of medical malpractice disputes, and takes advantage of the situation to disrupt the medical order, the public security organs will deal with it according to the law.
The Measures stipulate that the affected party has one of the following behaviors, constituting a violation of the provisions of public security management, the public security organs shall be punished according to law; constitutes a crime, shall be investigated for criminal responsibility.
1. refusing to move the body to the funeral parlor, gathering people to occupy the medical institution diagnosis and treatment or office space, disturbing the public **** order; 2. insulting, slandering, beating medical personnel, violating the personal freedom of medical personnel, and interfering with the normal life of the medical staff; 3. destroying the medical institution's facilities, equipment, property, and medical records, archives, and other important information; 4. other acts of disruption of the medical order. The circumstances are serious.
After the occurrence of doctor-patient disputes, the most important part of the patient is to grasp the medical records and related information. First of all, we must grasp the medical records as timely and comprehensive as possible.
Medical record information is divided into two parts, namely, objective medical record information and subjective medical record information. Objective medical record information refers to the objective record of the patient's condition and examination, treatment results and other information, including outpatient medical records, hospitalization records, temperature sheets, medical orders, laboratory tests (test reports), medical imaging inspection information, special examination consent, surgical consent, surgical and anesthesia record sheets, pathology information, nursing records, and the State Council administrative department of health provisions of the other medical record information; subjective medical record information It refers to the record of medical personnel on the patient's condition, treatment, analysis, discussion of the subjective views of the information, which reflects the subjective understanding of the medical staff of the patient's disease and its diagnosis and treatment and implementation of the subjective motives of medical behavior, including the death of the case of the discussion records, records of the discussion of the difficult cases, records of the superior physician room visits, the consultation opinion, the course of the record, and so on.
Subjective medical records "should be sealed and unsealed in the presence of both the patient and the doctor", the patient should make full use of this right to safeguard their legitimate rights and interests; or in the pre-complaint, in the case of the people's court to apply for the preservation of evidence, the legal access to medical records.
After obtaining the medical records and other information, the patient can consult with medical experts and professional lawyers to make it clear whether it is a medical malpractice and whether the doctor is at fault or not, and whether it constitutes a medical infringement. However, the affected party should never steal, seize or destroy the medical records, or else he or she will have to bear the unfavorable legal consequences.
The identification of the patient's body (autopsy), the results of its identification is the patient's family in the process of dealing with medical disputes in the legal defense of one of the important evidence.
According to the "Regulations on the Treatment of Medical Accidents" Article 18 provides that the patient died, the doctor and the patient parties can not determine the cause of death or the cause of death is disputed, the autopsy should be carried out within 48 hours after the death of the patient; with the conditions of freezing of the body, can be extended to 7 days. Autopsy shall be agreed and signed by the next of kin of the deceased. Autopsy by the public security organs in accordance with the relevant provisions of the state to obtain the appropriate qualifications and pathological anatomy professional and technical personnel. Both parties to a medical malpractice dispute may appoint representatives to observe the autopsy process. According to the Regulations, if both the doctor and the patient, especially the patient, refuse or delay the autopsy beyond the prescribed time for various reasons, which affects the determination of the cause of death, the party who refuses or delays will be held responsible. In other words, in this case, the patient's family may have to face the possibility of losing the case because of not doing the autopsy.
Some patients' families have become overly aggressive because of the patient's death, believing that the medical institution has treated the patient to death and refused to remove the body or cremate it if compensation is not paid, as a way to put pressure on the medical institution. In fact, this practice is not only unhelpful to the handling of the accident, but also violates the law. According to the Ministry of Health, the Ministry of Public Security on the maintenance of normal diagnosis and treatment of medical institutions of the circular stipulates: "Medical institutions is the fulfillment of the rescue and treatment of injuries, to protect the people's lives and health of the important social public **** place. It is prohibited for any unit or individual to disrupt the normal diagnosis and treatment order of medical institutions for any reason or by any means, to infringe upon the legitimate rights and interests of those attending medical institutions, to jeopardize the personal safety of medical personnel, or to damage the property of medical institutions; after a patient has died in a medical institution, his or her body must be disposed of in a timely manner in accordance with the provisions of the regulations. The bodies of patients with infectious diseases should be immediately moved to the morgue. Without the permission of the medical institution, it is strictly prohibited to park the corpse in places other than the morgue within the medical institution. According to Article 19 of the Regulations on the Handling of Medical Accidents, if a patient dies in a medical institution, the body shall be immediately moved to the morgue. The dead body shall generally not be stored for more than two weeks. If the body is not disposed of after the expiration of this period, it shall be disposed of by the medical institution in accordance with the regulations after being approved by the health administrative department of the place where the medical institution is located and reported to the public security department of the same level for the record."
Because of one of the following circumstances, the medical institution does not bear liability: (a) the patient or his close relatives do not cooperate with the medical institutions for diagnosis and treatment in accordance with the norms of diagnosis and treatment; (b) the medical personnel in the rescue of life-threatening patients in emergencies such as has been done to the duty of reasonable diagnosis and treatment; (c) limited to the level of medical treatment is difficult to diagnose and treat.