Procedures
1, once the medical dispute, the patient and his family have the right to put forward the identification of medical accidents or incidents within one year after the occurrence of accidents or incidents of adverse consequences.
2. In case of death of a patient, his family shall apply for an appraisal of the medical malpractice or incident within 15 days after the death of the patient or the receipt of the autopsy report. The application for autopsy shall be made within 48 hours of 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 first medical malpractice technical appraisal committee's findings are not satisfied, can be within 15 days of the date of receipt of the appraisal, to the province, autonomous region, municipality directly under the Central Medical Accident Technical Appraisal Committee to apply for appraisal. The province, autonomous region, municipality directly under the Central Medical Accident Technical Appraisal Committee of the appraisal of the conclusion, you can receive the appraisal within 15 days of the date of the conclusion of the book, to the people's court.
4. If the two parties have no objection to the appraisal conclusion, they can consult on the treatment plan; if the consultation fails, either party can apply to the district, county or medical university for treatment. To the processing decision, both parties may, within 15 days from the date of receipt of the processing notice, to the province, autonomous region or municipality directly under the Central Health Administration to apply for reconsideration, can also be directly to the people's court.
Anyone who is dissatisfied with the decision of the administrative department of health of the province, autonomous region or municipality directly under the central government or the decision of reconsideration may, within 15 days from the date of receipt of the notification of the decision of handling or decision of reconsideration, file a lawsuit with the People's Court.
Expanded
Chapter II Prevention and Disposal of Medical Accidents
Article 5 medical institutions and their medical personnel in medical activities, must strictly abide by the laws and administrative regulations of medical and health care, departmental rules and regulations, and diagnosis and treatment norms, routines, and abide by the professional ethics of health care services.
Article VI of the medical institutions should be its medical staff for medical and health care management laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms, routines, training and medical service professional ethics education.
Article VII of the medical institutions shall set up medical service quality control department or with a full-time (part-time) staff, specifically responsible for the supervision of the medical staff of the medical institution's medical services, checking the practice of medical personnel, accepting patients' complaints about medical services, and provide them with consulting services.
Article VIII of the medical institutions shall, in accordance with the requirements set forth by the State Council administrative department of health, writing and proper storage of medical records.
As a result of the rescue of patients in critical condition, failed to write a medical record in time, the relevant medical personnel shall be within six hours after the end of the rescue according to the record, and be noted.
Article IX is strictly prohibited to alter, falsify, conceal, destroy or seize medical records.
Article 10 patients have the right to copy or copy their outpatient medical records, hospitalization records, temperature lists, doctor's orders, laboratory tests (test reports), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathology data, nursing records and other medical records stipulated by the State Council administrative department of health.
Patients in accordance with the provisions of the preceding paragraph to request a copy or copy of the medical records, medical institutions shall provide copy or copy services and copy or copy of the medical records on the seal of proof. Photocopying or copying of medical records, there should be a patient present.
Medical institutions at the request of the patient, for its copy or copy of medical records, can be charged in accordance with the provisions of the cost. Specific charges by the provinces, autonomous regions, municipalities directly under the Central People's Government, the price department in conjunction with the same level of health administration.
Article 11 In the medical activities, medical institutions and their medical staff shall inform the patient's condition, medical measures, medical risks and other truthful information to the patient, and timely answers to their inquiries; however, should be avoided to the patient's adverse consequences.
Article 12 A medical institution shall formulate a plan for preventing and dealing with medical accidents, preventing the occurrence of medical accidents and mitigating the damage caused by medical accidents.
Article XIII of the medical staff in the medical activities occurred or found in medical accidents, may cause medical malpractice of medical negligence or the occurrence of medical malpractice disputes, shall immediately report to the head of the department, the head of the department shall be promptly to the medical institution responsible for the quality of medical services monitoring department or a full-time (part-time) staff report.
The department responsible for monitoring the quality of medical services or full-time (part-time) staff received the report, should immediately investigate, verify, and report the situation to the person in charge of the medical institution, and inform and explain to the patient.
Baidu Encyclopedia-Medical Accident
Baidu Encyclopedia-Medical Accident Regulations