1. Once a medical dispute occurs, the patient and his family have the right to raise the identification of medical malpractice or incident within one year after the occurrence of the adverse consequences of the accident or incident.
2. In the event of death, the patient's family shall file a medical malpractice or incident identification within fifteen days after the death or receipt of the autopsy report. The application for autopsy shall be made within forty-eight hours after the death of the patient and shall be conducted by the pathologic autopsy department designated by the local health bureau.
3. Both parties to the medical dispute, the district, county or medical university of medical malpractice appraisal committee's findings are not satisfied, can be within fifteen days of the date of receipt of the appraisal of the conclusion of the book, the province, autonomous region, municipality directly under the Central Government of the medical malpractice appraisal committee to apply for appraisal. To the province, autonomous region, municipality directly under the Central Medical Accident Technical Appraisal Committee of the appraisal of the conclusion, you can within fifteen days of the date of receipt of the appraisal of the conclusion of the book, to the people's court.
4. If there is no dispute between the two parties over the appraisal conclusion, they may consult on the treatment plan; if the consultation fails, either party may apply to the district, county or medical university for treatment. The processing of the decision is not satisfied, the two parties may, within fifteen days from the date of receipt of the processing notice, to the province, autonomous region or municipality directly under the central government health administrative department to apply for reconsideration, can also be directly to the people's court. The province, autonomous region or municipality directly under the central health administrative department of the decision or reconsideration of the decision, within fifteen days from the date of receipt of the decision or reconsideration of the decision notice, to the people's court.
II. Prevention of medical accidents
1. In their daily work, medical institutions should adhere to the principle of "prevention first", and take effective measures to prevent the occurrence of medical accidents, so as to prevent them from happening beforehand.
2, in order to achieve effective prevention of medical errors in addition to the establishment of medical quality control department or personnel, strengthen the supervision and management of medical quality, improve the technical level of medical personnel, improve the attitude of service, should also formulate a practicable preventive measures against medical errors.
3, medical malpractice plan is a series of emergency response procedures formulated before the emergence of medical accidents, clear emergency response mechanism in the composition of the members of the departments and their personnel, specific duties, work measures and coordination between each other. The plan is activated when the situation for which it is intended arises.