What if the hospital is unwilling to mediate medical disputes?

Subjectivity of law: In daily life and work, people are very concerned about what to do when medical disputes occur. Many people may only know something about it, but they know what it is, how to solve medical disputes, and the advantages of doctor-patient consultation and mediation are reflected in several aspects. The first is low cost and high efficiency. Consultation is usually a direct consultation between doctors and patients, and there is no third party. Therefore, in the process of negotiation, it is easy for both sides to find differences in understanding of medical behavior, medical results and their causes and common ground in resolving disputes, so as to quickly resolve disputes and save a lot of energy and financial resources needed for both sides to resolve disputes through litigation. Secondly, it can largely eliminate the confrontation between doctors and patients caused by medical disputes and provide opportunities for both doctors and patients to understand and understand each other. Thirdly, it is conducive to saving limited judicial resources and promoting social stability. However, to give full play to the advantages of the above-mentioned consultation in solving medical disputes, there is an important premise, that is, both doctors and patients abide by the law and negotiate rationally and amicably. However, in reality, resolving medical disputes through consultation has become the helplessness of both doctors and patients. With more and more settlement through negotiation, its disadvantages are increasingly apparent. 2, apply for health administrative departments to deal with the parties to apply for health administrative departments to deal with, by the health administrative department of the people's government at the county level where the medical institution is located. If a medical institution is located in a municipality directly under the Central Government, it shall be accepted by the health administrative department of the district or county people's government where the medical institution is located. 3. Bringing a lawsuit to the court is the last choice when the parties encounter medical disputes. It is the last line of defense to solve medical disputes through the objective analysis and handling of cases by the court and the fair handling of contradictions between the hospital and the parties. What procedures are needed to solve medical disputes through litigation? It mainly includes: (1) Preparation before litigation. After a medical dispute occurs, the patient should contact and complain to the medical department at the first time, ask for a copy of the medical record, and stamp the medical record (including medical record, hospitalization record, operation consent, consultation discussion record, etc.) together with the medical representative. ) and ask the medical department for the receipt of the medical dispute complaint form. After completing the above work, the patient can choose which legal method is applicable to solve the dispute. (2) After the lawsuit is filed, the court will arrange the first hearing, 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. Therefore, at this stage of the first trial, patients should seize the opportunity, carefully examine the authenticity, standardization and completeness of medical records, and exclude medical records that are unfavorable to them from valid evidence as much as possible. (3) Technical appraisal of medical malpractice This is the most important part of the medical dispute handling procedure, which determines the overall situation of the whole medical dispute litigation. To put it bluntly, litigating medical disputes is actually identifying medical accidents, and patients should take them seriously. The contents of the statement submitted to the expert group should state the medical process in detail as much as possible, and at the same time, point out emphatically what faults exist in the doctor's medical behavior and what diagnosis and treatment norms are violated. The experts of the medical association are actually the chief physicians and medical professors of various hospitals, which have a natural maintenance for the hospitals. Therefore, the patient should point out the diagnosis and treatment fault of the doctor in the statement, and do not give the expert group any room for manoeuvre; If the patient can't point out the obvious fault of the doctor in his statement, experts will often turn a blind eye and make an appraisal conclusion that is unfavorable to the patient, just like the principle of non-prosecution and disregard in civil litigation. (IV) Determination of compensation: After the appraisal result of medical accident comes out, if it is considered as a medical accident, the patient can determine compensation according to the Regulations on Handling Medical Accidents, but the causal relationship between the doctor's medical behavior and the patient's damage consequences needs to be considered to determine the responsibility that the doctor should bear. If the patient is diagnosed with terminal cancer, death is an inevitable fact. Although the doctor's mistake in diagnosis and treatment accelerated the patient's death, it is unreasonable to ask the doctor to take full responsibility for the patient's death, and the court will not support it. Therefore, patients should realistically analyze the degree of the doctor's fault to determine the amount of compensation, so as to avoid blind claims and lead to high litigation costs. More often, the conclusion of medical appraisal is that doctors do not constitute medical malpractice. How should the patient claim compensation in this case? The lawyer believes that patients can flexibly apply the relevant principles such as the Civil Law and the Consumer Protection Law, prove that medical behavior is flawed and causes personal injury to patients, and file a claim on the grounds of personal injury. Legal objectivity: Article 46 of the Regulations on Handling Medical Accidents, when a civil liability dispute such as medical accident compensation occurs, both doctors and patients can settle it through consultation, that is, reconciliation. Unwilling to negotiate or failing to do so, the parties may apply to the administrative department of health for mediation or bring a civil lawsuit directly to the people's court.