"Zhejiang Province, medical dispute prevention and handling measures" has been the provincial people's government of the 46th executive meeting, is hereby promulgated, since March 1, 2010 shall come into force. The following is my carefully organized for you about the prevention of medical disputes in Zhejiang Province and the handling of the full text of the content, only for your reference.
Chapter I General Provisions
The first in order to effectively prevent and deal with medical disputes, to protect the legitimate rights and interests of doctors and patients, and to maintain medical order, according to the "Regulations on the Treatment of Medical Accidents" and other relevant laws and regulations, combined with the actual situation in the province, the development of this approach.
Article 2 The medical dispute referred to in these measures, refers to the dispute between the doctor and the patient parties due to medical behavior.
Article III of the administrative region of the province, the prevention and handling of medical disputes, the application of these measures.
The responsibility of medical accidents and compensation in accordance with the provisions of the "Regulations on the Treatment of Medical Accidents".
Article IV of the prevention and handling of medical disputes, should adhere to the prevention-oriented, fair and reasonable, timely and convenient, according to the principle of handling.
Article 5 The people's governments at or above the county level shall strengthen the leadership of the prevention and handling of medical disputes, supervise the relevant departments to fulfill their duties in accordance with the law, and coordinate the resolution of major problems in the prevention and handling of medical disputes.
Article 6 of the people's governments at or above the county level, the health administration shall strengthen the supervision and management of medical institutions and their medical personnel, supervise the medical institutions to improve the quality of medical services, to ensure the safety of medical care, and to do a good job in the prevention and handling of medical disputes.
The public security organs of the people's governments at or above the county level shall, in accordance with law, maintain law and order in medical institutions, and strengthen the supervision and guidance of the internal security work of medical institutions, and timely investigation and handling of violations of the provisions of public security management.
People's governments at or above the county level, the judicial administrative department shall strengthen the medical disputes people's mediation work guidance.
Insurance supervision and management organization shall strengthen the supervision and management of medical liability insurance work.
Article VII of the patient's unit and the patient's residence in the township people's government, street offices, village (neighborhood), shall cooperate in the handling of medical disputes.
Article VIII of the city, county (city) to set up a people's mediation committee of medical disputes (hereinafter referred to as the medical mediation), the municipal district according to the actual need to set up a medical mediation, responsible for people's mediation of medical disputes in the administrative region.
The people's mediators of the medical mediation committee of the people's mediators and management, by the municipal, county (city, district) people's government regulations.
Medical mediation will mediate medical disputes shall not charge fees, and its working expenses and remuneration of people's mediators subsidies by the people's government at this level to be resolved.
Article IX city, county (city, district) people's government can be based on the administrative region of the actual needs of medical dispute prevention and handling work, the establishment of medical liability insurance system or medical liability risk fund system.
Article 10 of the press, radio, television, websites and other news media should abide by professional ethics, in accordance with relevant laws and regulations, objective and fair reporting of medical disputes, and correctly guide public opinion.
Chapter II Prevention and Disposal
Article 11 medical institutions and their medical staff in medical activities, should strictly abide by health care laws, regulations, rules and diagnosis and care norms, routines, and abide by the professional ethics of medical services.
Article XII of the medical institutions and their medical staff should be informed of the patient's condition, medical measures, medical risks and other information truthfully, and timely answers to the patient's inquiries; but may have adverse consequences for the patient's situation, you can inform their close relatives.
The need to implement surgery, special tests, special treatment, experimental clinical care, medical institutions and their medical staff should obtain the written consent of the patient; can not or is not appropriate to explain to the patient, should be explained to the patient's next of kin, and obtain their written consent. Due to emergency situations such as life-threatening patients, can not obtain the views of the patient or his close relatives, in accordance with relevant laws and administrative regulations.
Article XIII of the medical institutions shall strengthen the medical staff of health care management laws, regulations, rules and diagnosis and care norms, routines, training and education of professional ethics in medical services, the establishment of a sound system of accountability for violations of law and regulations of the medical staff, medical quality monitoring and evaluation system, medical safety responsibility system.
Medical institutions should establish and improve the system of communication between doctors and patients, set up a reception place, equipped with full-time (part-time) staff, accept patients or their close relatives of the consultation and complaints, timely answers and deal with the problem.
Article 14 of the medical institutions shall develop emergency response plan for medical disputes, and report to the local health administrative departments and public security organs for the record.
Article XV patients should comply with the rules and regulations of medical institutions, truthfully inform the medical staff and diagnostic activities related to the condition, medical history, etc., with the medical staff to carry out the necessary examination, treatment and care. Patients have objections to the medical behavior, should express their views and requirements through legal channels.
Article 16 of the provincial health administrative department shall establish and improve the major medical dispute reporting system. Medical institutions shall fulfill their reporting obligations in accordance with the provisions of the reporting system, and shall not conceal, delay or falsely report.
Article 17 after the occurrence of medical disputes, medical institutions shall, according to the actual situation of medical disputes, take the following corresponding measures to deal with:
(a) inform the patient or his close relatives about the specific methods and procedures for the disposal of medical disputes; the patient or his close relatives to request consultation, it should be informed of no more than three representatives to participate in the consultation.
(B) on the dispute over the medical behavior of the organization's expert consultation or discussion, and the consultation or discussion of the views of the patient or his close relatives.
(C) with the patient or his next of kin *** with the scene of the physical and related medical records to be sealed and unsealed.
(d) the patient died in a medical institution, according to the provisions of the body will be moved to the funeral parlor; the next of kin of the deceased have objections to the cause of death, according to the provisions of the autopsy.
(E) due to medical disputes affecting the normal order of medical work, timely reporting to the local public security organs.
(F) with the health administrative departments, public security organs, medical investigation and other departments and organizations to do a good job of investigation and evidence collection.
Disposal of medical disputes need to immediately start the emergency response plan, should be in accordance with the provisions of the plan to take appropriate measures to prevent the expansion of the situation.
Article 18 of the health administration received a report of medical disputes, shall order the medical institutions to take immediate and effective measures, if necessary, sent to the scene to guide, coordinate the work of disposal, guide the two parties to properly resolve the medical disputes according to law.
Article 19 of the public security organs received medical disputes, the police shall immediately organize police rushed to the scene, to discourage the two sides of the over-excited behavior; to discourage the ineffective, shall be stopped according to law to control the expansion of the situation, and maintain the normal order of the medical work; on the medical institutions, the corpse, the funeral, after the discouragement, the public security organs shall order to stop the illegal behavior, and shall be dealt with according to law.
Article 20 after the occurrence of medical disputes, the parties can negotiate their own settlement, you can also apply to the medical institution where the medical mediation council mediation; not willing to negotiate, mediation, or consultation, mediation fails, you can apply to the health administrative department of the administrative processing of medical disputes, or to the people's court litigation.
Medical dispute claims amounting to more than 10,000 yuan, the public medical institutions shall not negotiate their own treatment.
Both parties to apply for medical mediation, the claim amount of more than 100,000 yuan, should be first **** with the commissioned technical appraisal of medical errors, clear responsibility.
Article 21 of the medical dispute caused by adverse drug reactions or adverse events of medical devices, medical institutions should be based on the conclusion of the appraisal to the injured party to pay compensation. Specific compensation by the provincial food and drug supervision and management departments in conjunction with the provincial financial, health, civil affairs departments.
Medical institutions to pay compensation costs, can be recovered from the production of drugs or medical devices, operators.
Chapter III Mediation
Article 22 of the Medical Council to undertake the following duties:
(a) mediation of medical disputes;
(b) through the mediation work, to publicize the relevant laws, rules and regulations, rules and regulations, and medical knowledge;
(c) to the health, judicial administration and other departments to report on the Medical disputes and mediation work;
(d) analyze the causes of medical disputes, medical disputes to medical institutions to put forward preventive advice and recommendations;
(e) provide consulting services related to mediation of medical disputes;
(f) people's governments at or above the county level of the other duties.
Article 23 of the people's mediator shall be fair, good conduct, medical and legal expertise and mediation experience, and enthusiastic about people's mediation work.
Article 24 of the Medical Council should be established by the relevant medical, pharmacy and legal experts, such as the expert pool, for the investigation of medical disputes, assessment and mediation to provide technical advice.
Article 25 of the medical mediation of the parties to the application for mediation of medical disputes, meet the conditions for acceptance, shall be accepted within three working days; does not meet the conditions for acceptance, inadmissible, notify the parties in writing and explain the reasons.
Medical mediation will accept the application for mediation, the parties shall inform the mediation activities in the rights and obligations.
Article 26 of the medical dispute mediation application in one of the following circumstances, the medical mediation will not be accepted; has been accepted, the termination of mediation:
(a) a party has filed a lawsuit to the people's court;
(b) a party has applied to the administrative department of health administrative treatment of medical malpractice disputes;
(c) a party refuses to Mediation Council mediation;
(d) has been mediation Council mediation did not reach a mediation agreement, a party to apply for mediation again;
(e) disputes arising from the illegal practice of medicine.
Termination of mediation, the parties should be notified in writing and explain the reasons.
Article 27 of the medical mediation will accept the application for mediation of medical disputes, shall designate a people's mediator as mediator, and can be based on the need to designate a number of people's mediators to participate in the mediation; the parties to the people's mediator to make a request for evasion, it shall be replaced.
The parties may appoint lawyers and other agents to participate in mediation activities, the principal shall submit a power of attorney to the medical mediator.
Article 28 of the medical mediation shall, within seven working days from the date of acceptance of the application for mediation of medical disputes, respectively, to the parties to understand the relevant facts and circumstances, and according to the request of the parties to the organization of the investigation, verification, assessment.
In the process of mediation of medical disputes, the people's mediator needs to access medical records, consult with relevant experts and personnel or inquire, the relevant units and personnel shall cooperate.
Article 29 of the mediation of medical disputes, should be produced mediation agreement. Mediation agreement signed by both parties, stamped or fingerprinted, signed by the mediator and stamped with the seal of the medical mediation will take effect.
The mediation agreement reached in accordance with the law, the parties should consciously fulfill.
Article 30 of the Medical Council shall accept the application for mediation within 30 working days from the date of mediation. Due to special circumstances require an extension of the mediation period, the mediation council and the parties can agree to extend the period; more than the agreed period of time has not reached a mediation agreement, as mediation is not.
Chapter IV Medical Liability Insurance and Medical Liability Risk Management
Article 31 of the implementation of the medical liability insurance system in the city, county (city, district) of the public health care institutions should be in accordance with the relevant provisions of the state and the province to participate in the medical liability insurance, non-public health care institutions can voluntarily participate in medical liability insurance.
Encourage medical institutions to underwrite medical liability insurance insurance insurance agencies to insure all types of insurance involving public liability.
Article 32 of the insurance agency to underwrite medical liability insurance should follow the principle of capital preservation and micro-benefit, reasonable premium rates, and according to different medical institutions in the past years, the implementation of medical disputes compensation rate fluctuation system.
Article 33 to participate in the medical liability insurance medical institutions, its medical liability insurance premium expenses, from the medical institutions in the business expenses, according to the provisions of the medical cost.
Article 34 After the occurrence of medical disputes, the need for insurance claims, medical institutions should be truthful to the insurance agency to provide the relevant circumstances of the medical dispute. The insurance agency shall promptly participate in the handling of medical disputes, and in accordance with the agreement of the medical liability insurance contract to assume the responsibility of compensation insurance.
The insurance organization shall take the agreement reached between the two parties through negotiation, the agreement reached through mediation of the Medical Council, and the effective mediation or judgment made by the People's Court as the basis for medical liability insurance claims, and make compensation in a timely manner.
Article 35 of the implementation of the medical liability risk fund system of cities, counties (cities, districts) of the public medical institutions, should be in accordance with the provisions of the people's government at this level to pay the medical liability risk fund, non-public medical institutions can voluntarily pay the medical liability risk fund.
The medical liability risk fund system referred to in the preceding paragraph, refers to a number of medical institutions in accordance with a certain percentage of the payment of funds, the implementation of unified management, integrated use, in order to diversify the medical institutions of medical liability risk, to ensure that patients suffering from medical damage due to the establishment of the `mutual aid **** relief system.
Article 36 of the medical liability risk fund in accordance with the principle of expenditure on income, balance of payments, protection of moderate, the implementation of special account storage, earmarked for special purposes.
Medical institutions to pay the risk of medical liability, from the medical institutions in the business expenses, included in the cost of medical institutions.
After the occurrence of medical disputes, the need to pay compensation for medical liability, medical liability risk management organization should be negotiated between the two parties to reach an agreement, medical mediation will mediate the agreement reached by the people's court to make an effective conciliation or judgment, as the basis for payment of compensation, and be paid in a timely manner.
Article 37 of the medical risk liability payment, use and management of the specific methods, by the establishment of medical risk liability system of the city, county (city, district) people's government regulations.
Chapter V Legal Liability
Article 38 of the medical institutions and their medical staff have one of the following behaviors, the administrative department of health ordered to correct; the circumstances are serious, the responsible supervisory personnel and other personnel directly responsible for the punishment according to the law:
(a) violation of the administrative rules and regulations of health or technical operation norms;
(2) due to irresponsible delay in the rescue and treatment of patients in critical condition;
(3) concealment, forgery or unauthorized destruction of medical documents and related information;
(4) failure to inform the patient of the condition of the provisions of the medical measures and medical risks;
(5) failure to implement the provisions of the consent of the patient or his next of kin Surgery, special tests, special treatment, experimental clinical care;
(F) not formulated in accordance with the relevant emergency response plan for medical disputes;
(VII) not in accordance with the provisions of the local health administrative department to report a major medical dispute;
(VIII) other law should be given sanctions for the behavior.
Article 39 of the patient or his close relatives and related persons have one of the following behaviors, the public security organs shall be dealt with according to law:
(a) occupying the diagnosis and treatment, office space, or in the diagnosis and treatment, office space, or banners, set up a hearse, posting slogans, or refusing to remove the body to the funeral parlor, etc., to disrupt the normal order of the health care institution;
(b) obstructing the physician to practice in accordance with the law, insulting, defaming and insulting the physician, the physician shall be punished according to law. (B) obstruct the physician to practice law, insult, slander, threaten, assault medical personnel, or infringe on the personal freedom of medical personnel, interfering with the normal life of medical personnel;
(C) seizure, destruction of medical institutions, facilities, equipment, or medical records, archives, and other important information;
(D) other behavior should be dealt with according to law.
Article 40 of the Medical Council and its people's mediators in the mediation of medical disputes, serious dereliction of duty or violation of discipline, by the competent authorities shall be dealt with according to law.
Article 41 of the people's governments at or above the county level, health, judicial administration, public security departments and insurance supervision and management agencies and their staff in the prevention and handling of medical disputes, in violation of the provisions of these Measures, dereliction of duty, misuse of authority, favoritism and malpractice, by the competent authorities of the competent persons responsible for the competent persons and other personnel directly responsible for the sanctions imposed by law.
Article 42 violation of the provisions of these measures, constitutes a crime, shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
Article 43 of these measures shall come into force on March 1, 2010 .