Recently there are many people are interested in the identification process of medical malpractice, but in fact, most people do not know much about the identification process of medical malpractice, I have compiled the relevant information, I hope to bring you help. A: medical malpractice appraisal process According to the "Regulations for the Treatment of Medical Accidents" stipulates the following procedures: entrusted: medical identification office to accept two forms of entrustment: doctor and patient parties **** with the entrustment; health administrative department to the medical association to organize the appraisal of the entrustment. Acceptance: medical identification office received the power of attorney, review and issue a notice of acceptance, within 5 days from the date of acceptance, notify the two parties to provide identification of the materials required: Formation of the appraisal group: medical identification office in accordance with the disciplines involved in the accident dispute, to determine the composition of the expert appraisal group and the number of experts, in principle at least more than 3 people singular, the main disciplines of the experts in the expert appraisal of the group of members of not less than 1/2. Organization of the appraisal: Medical identification office within 1 week before the convening of the appraisal meeting to notify the medical, the patient, the appraisal experts of the three parties. The number of each of the two parties attending the appraisal shall not exceed 3 persons. Expert group for discussion, after collegiality according to more than half of the expert appraisal group members of the unanimous opinion to form an appraisal conclusion, and produce the "medical malpractice technical appraisal". Re-appraisal: either party to the first medical malpractice technical appraisal conclusion is not convinced, can be received from the first appraisal within 15 days from the date of the application to the original acceptance of the application of the health administrative department to apply for re-appraisal, or by both parties *** with the commissioned provinces, autonomous regions, municipalities directly under the Central Medical Association to organize a re-appraisal. II. Procedures for technical appraisal of medical accidents After a medical dispute has arisen and has not been resolved through administrative mediation, both the patient and the doctor have the right to apply for technical appraisal of medical accidents, the procedures for which are as follows: the applicant shall submit a written application to the local technical appraisal committee for medical accidents, and the application shall state the occurrence of the incident and the time and place of the incident, and the reasons for the application for appraisal. The party making the application for appraisal shall pay the fee for medical malpractice appraisal to the Medical Malpractice Technical Appraisal Committee. The fee (according to Guangdong Price Letter [1996] No. 385) is 600 yuan per case for county (district) level appraisal, 1,200 yuan per case for local level appraisal, and 1,800 yuan per case for provincial level appraisal. Medical malpractice technical appraisal hearing, evidence. In the event of death of a patient, the clinical diagnosis can not be clear cause of death or both sides of the cause of death is disputed, the forensic medical examiner should be asked to carry out an autopsy, the cost of which is the responsibility of the party applying for the appraisal. Convene a medical malpractice technical appraisal meeting. The members of the medical malpractice appraisal committee are approved by the people's government at the same level and consist of relevant professional and technical experts and forensic doctors. Within 30 days from the date of acceptance of the application by the medical malpractice technical appraisal committee, the accepting organization delivers the appraisal opinion to both parties. Those who are dissatisfied with the conclusions made by the local medical malpractice technical appraisal committee may apply for a reconsideration to the next higher level of the medical malpractice technical appraisal committee within fifteen days from the date of the receipt of the appraisal opinion, and the appraisal made by the Provincial Medical Malpractice Technical Appraisal Committee shall be the final appraisal. III. Notes for approval of establishment and registration of medical institutions The application for establishment of medical institutions must submit the following documents for registration; 1. Application for establishment; 2. Feasibility report for establishment; 3. Site selection report and architectural design plan. Application for registration of medical institutions shall have the following conditions: 1, the approval of the establishment of medical institutions; 2, in line with the basic standards of medical institutions; 3, a suitable name, organization and premises; 4, with its business to carry out the appropriate funding, facilities, equipment and professional and technical personnel; 5, have the appropriate rules and regulations. Fourth, one of the following circumstances shall not apply for the establishment of medical institutions: 1, can not independently assume civil liability of individuals and units; 2, is serving a prison sentence or does not have full capacity for civil behavior; 3, medical institutions in the workplace, due to illness, or retired or leave without pay medical personnel; 4, the occurrence of a medical incident of more than two less than five years of medical personnel; 5, has been revoked the license of the medical staff; 6, has been revoked the "medical institutions" of the medical institutions statutory regulations. Practice Permit" of the legal representative or person in charge of medical institutions. V. Where individuals set up clinics must have the relevant provisions of the above and the following conditions 1, the local permanent resident, medical personnel by the physician licensing examination to obtain a "physician's license"; 2, to obtain a "physician's license" or the title of physician engaged in the same specialty for more than five years after the clinical work. Sixth, the medical institution has one of the following circumstances, the registration authority ordered to make corrections 1, a major medical incident; 2, the continuous occurrence of similar medical incidents do not take effective preventive and curative measures; 3, the continuous occurrence of unexplained deaths of patients of the same kind, while there is mismanagement factors; 4, chaotic management, there is a serious accident, which may have a direct impact on the safety of medical care. Compensation: according to the actual case to calculate, medical malpractice is generally more complex, it is recommended to contact a lawyer to consult face to face. The above content is based on China's current relevant laws and regulations of medical malpractice appraisal process has made a detailed introduction. If you have any questions about the above, you can consult the relevant websites or departments! I hope my answer is helpful to you! If you still have any questions, welcome to legal counseling, I wish you a happy life!
Legal objective:Article 76 of the Civil Procedure Law, the parties may apply to the people's court for an appraisal on the specialization of ascertaining the facts. If the parties apply for an appraisal, the parties shall consult with each other to determine a qualified appraiser; if the consultation fails, the people's court shall appoint one. The parties did not apply for appraisal, the people's court on the specialized issues that need to be appraised, shall entrust qualified appraisers for identification.