Legal analysis: handling procedures: when a medical dispute occurs, it is recommended that doctors and patients to negotiate mediation, mediation fails, doctors and patients, either party can be to the competent health administrative department to deal with the request. The health administrative department will assign someone to keep the original information, seal the medical articles, the organization staff to investigate and form the written materials. After the investigation and study, the health department will give its opinion on how to handle the case, and will usually negotiate and mediate again. If the consultation fails, it will recommend that the patient or family members to resort to the third level of medical malpractice appraisal committee, for appraisal. If you are not satisfied with the conclusion of the third-level appraisal, you can apply for a review or second-level appraisal. If still not convinced, then apply for reconsideration and first-level appraisal. The health administrative department and the medical unit will handle the case accordingly based on the appraisal conclusion and the relevant regulations and systems. If the results are still not convinced, you can file a lawsuit with the local Basic People's Court. Of course, the two sides to negotiate on their own, requesting the health administrative department are not necessary procedures, can also be directly to the court.
Legal basis: "Regulations on the Treatment of Medical Accidents" Article 14 of the occurrence of medical accidents, the medical institution shall, in accordance with the provisions of the local administrative department of health report.
The occurrence of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours:
(a) lead to the death of the patient or may be the second level of medical malpractice;
(b) lead to the consequences of personal injury to more than three people;
(c) the State Council administrative department of health and the provinces, autonomous regions, municipalities directly under the Central Government People's Government of the People's Republic of China health administrative department of other circumstances.