The term "medical disputes" as mentioned in these Measures refers to the disputes caused by medical activities between doctors and patients. Article 3 The prevention and handling of medical disputes shall adhere to the principles of people-oriented, prevention-oriented, fairness, justice and convenience in time, and be realistic and handled according to law. Article 4 The people's governments at or above the county level shall strengthen the leadership and coordination of the prevention and handling of medical disputes, bring them into the comprehensive management system of social security, establish a division of labor and cooperation mechanism among departments, and urge relevant departments to perform their duties according to law.
Township People's governments (street offices) shall do a good job in the prevention and handling of medical disputes within the scope of their duties. Article 5 The competent health department of the people's government at or above the county level shall strengthen the supervision and management of medical institutions and their medical personnel, urge to improve the quality of medical services, ensure medical safety, guide and supervise medical institutions to do a good job in the prevention and handling of medical disputes, and guide both doctors and patients to solve medical disputes according to law.
The judicial administrative departments of the people's governments at or above the county level shall be responsible for guiding the people's mediation of medical disputes and promoting the standardization and specialization of the people's mediation committees of medical disputes.
The public security organs of the people's governments at or above the county level shall maintain the public order of medical institutions according to law, investigate and crack down on illegal and criminal acts that infringe upon the legitimate rights and interests of patients and medical personnel and disrupt medical order.
The medical security department of the people's government at or above the county level shall guide and standardize the medical insurance settlement behavior of medical institutions, strengthen the maintenance and supervision of the medical insurance settlement information system, establish and improve the timely disbursement mechanism, and prevent and reduce disputes caused by improper settlement.
The financial and civil affairs departments of the people's governments at or above the county level shall do a good job in the prevention and handling of medical disputes in accordance with their respective responsibilities. Article 6 Medical and social organizations such as hospital associations and doctors' associations shall strengthen industry self-discipline, guide and promote medical institutions and their medical staff to strengthen the construction of medical ethics, enhance the professional ethics and professional ability of medical staff, and improve the level and quality of medical services. Article 7 The health departments, medical institutions, newspapers, radio, television, internet and other news media should strengthen the publicity of laws and regulations on medical and health management, popularize medical and health knowledge, guide the public to treat medical risks rationally, and advocate a civilized, harmonious and mutual trust relationship between doctors and patients.
When reporting medical disputes, news media should abide by laws and regulations, abide by professional ethics, report objectively and fairly, and correctly guide public opinion. Article 8 Medical institutions and their medical staff should adhere to the people-oriented, life-first, patient-centered, strengthen humanistic care, carry forward the professional spirit of respecting and caring for life, saving life, being willing to contribute and loving without borders, abide by professional ethics, strictly abide by medical and health laws, regulations, rules and relevant diagnosis and treatment norms, and improve the level of diagnosis and treatment.
Medical institutions should strengthen the supervision and management of medical personnel's professional behavior, carry out regular training and strengthen professional ethics education. Article 9 Medical institutions shall formulate and implement a medical quality and safety management system, set up a medical service quality management department or equip full-time (part-time) staff, strengthen the standardized management of diagnosis and treatment activities, optimize service processes and improve service levels.
Medical institutions should strengthen the management of medical risks, improve the identification, evaluation and prevention and control measures of medical risks, regularly check the implementation of measures, and eliminate hidden dangers in time.
Medical institutions should improve their ability to deal with all kinds of emergencies and try their best to treat different patients according to their medical needs. Give priority to minors, the elderly, the disabled, pregnant women and lactating women. For patients who need emergency treatment, emergency measures shall be taken for treatment, and emergency treatment shall not be refused. Tenth medical institutions and their medical personnel shall not have the following acts in the diagnosis and treatment activities:
(a) beyond the scope of practice to carry out medical activities;
(two) the implementation of unnecessary examination and treatment in violation of the norms of diagnosis and treatment;
(three) illegal use of diagnosis and treatment technology, drugs, medical devices, disinfectants, blood, etc. ;
(4) concealing, misleading or exaggerating the condition;
(five) lost, forged, tampered with or illegally destroyed medical records;
(six) concealing or refusing to provide medical records related to the dispute;
(seven) accepting property from patients and their relatives, or taking advantage of his position to seek other illegitimate interests;
(eight) disclosure of patient privacy and personal information;
(nine) issued a false medical certificate, or signed a diagnosis, treatment, epidemiological certificate or birth and death certificate without my own inspection and investigation;
(ten) other acts prohibited by laws, regulations and medical norms. Eleventh medical personnel in the diagnosis and treatment activities should explain the condition and medical measures to patients. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.
If the opinions of patients or their close relatives cannot be obtained due to emergency situations such as rescuing dying patients, corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.