1, the local health administrative department, and the parties concerned may apply to the local medical association. After the parties submit the relevant materials, the medical association will organize the appraisal and make an appraisal conclusion within 45 days, and then apply to the local health administrative department, which will help mediate and solve it;
2, the people's court, the court can directly file a civil lawsuit on the amount of compensation, if the health administrative organ refuses to accept the results, it can also file a health administrative lawsuit.
What is the process of handling medical accidents?
1. After a medical dispute occurs, the patient should immediately contact the Medical Department to complain, ask for a copy of the medical record, and seal the medical record together with the medical representative;
2. litigation. After filing a lawsuit, the court will arrange the time for the first court session, mainly to confirm the qualifications of both doctors and patients as litigants, and to cross-examine the medical records submitted by both parties. After the first trial, the cross-examined medical records will be handed over to the medical malpractice appraisal Committee for appraisal.
3. For the technical appraisal of medical malpractice, the patient should submit a statement to the expert group, and should state the medical process in detail as much as possible, and at the same time highlight what faults exist in the doctor's medical behavior and what diagnosis and treatment norms are violated;
4. Determination of compensation. After the appraisal result of medical accident comes out, if it is considered to constitute a medical accident, the patient can determine compensation according to law.
Legal basis: Article 18 of the Regulations on the Prevention and Handling of Medical Disputes.
Medical institutions should establish and improve the complaint reception system, set up a unified complaint management department or be equipped with full-time (part-time) staff, and announce the ways, procedures and contact information of medical dispute resolution in a prominent position in medical institutions to facilitate patients' complaints or consultations.