Medical malpractice appraisal
Medical malpractice appraisal, life medical malpractice is also considered a common thing, if there is a medical malpractice after we first need to identify whether it is a medical malpractice, then the following take a look at the medical malpractice appraisal it.
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A medical malpractice appraisal
First of all, medical malpractice technical appraisal of the start of the "Regulations", the administrative department of health received the report of the medical institutions on the behavior of the major medical negligence or medical malpractice disputes parties to the request to deal with medical malpractice disputes declared the need to carry out the technical appraisal of medical malpractice. Technical appraisal of the need for medical malpractice, should be referred to the medical association responsible for the organization of identification; doctor and patient consultation to resolve the medical malpractice disputes, the need for medical malpractice technical appraisal, by both parties *** with the entrusted to the organization of the medical association responsible for the appraisal.
Second, handling procedures
1, once the medical dispute, patients and their families have the right to the occurrence of accidents or incidents within one year after the occurrence of adverse consequences of the identification of medical accidents or incidents.
2. In the event of a patient's death, the patient's family should file a medical malpractice or incident identification within 15 days of the death or receipt of the autopsy report. One of the autopsy application, it should be made within 48 hours after the death of the patient, the local health bureau designated by the Department of Pathological Anatomy.
3, the two parties to the medical dispute, the first medical malpractice Technical Appraisal Committee's findings are not satisfied, you can within 15 days of the date of receipt of the appraisal of the conclusion of the book, the province, autonomous region, municipality directly under the Central Government of the 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 of the conclusion of the book within 15 days from the date of prosecution to the people's court.
4, the two parties have no objection to the identification of the conclusion, you can negotiate on the treatment program; consultation fails, either party can apply to the district, county or medical university treatment. The processing of the decision is not satisfied, both parties can be dealt with within 15 days of the date of notification, to the province, autonomous region or municipality directly under the Central Government health administrative department to apply for reconsideration, can also be directly to the people's court.
The province, autonomous region or municipality directly under the central health administrative department of the decision or reconsideration of the decision, you can receive the decision or reconsideration of the decision within 15 days from the date of notification to the People's Court.
Third, the difference between accident identification and judicial appraisal
1, from the appraisal of the order of initiation, medical malpractice technical appraisal should be preceded by judicial appraisal of medical errors, only by the technical appraisal of medical malpractice does not constitute a medical accident can be carried out by the judicial appraisal of medical errors.
2, from the appraisal of the commission form, the first medical malpractice technical appraisal can only be entrusted to the local municipal medical association, re-appraisal can only be entrusted to the province's provincial medical associations; if necessary, the Chinese Medical Association can be difficult to organize, complex and in the country has a significant impact on the medical malpractice disputes of the technical appraisal work. Medical malpractice technical appraisal has obvious geographical and hierarchical. The judicial appraisal of medical errors is not subject to the limitations of the geographical scope, and there is no affiliation between the appraisal organizations.
3, from the identification process, medical malpractice technical appraisal, the medical association should be based on medical malpractice disputes involved in the disciplines, to determine the composition and number of expert appraisal group. Expert appraisal group for medical malpractice technical appraisal, the implementation of collegiality.
The judicial appraisal by the appraisal body to designate or select two forensic appraisers *** with the appraisal; forensic institutions in the appraisal process, in the event of particularly complex, difficult, special technical problems, can be outside the institution of the relevant professional fields of experts for consultation, but the final appraisal should be issued by the forensic appraisal of this institution.
4, from the form of evidence, medical malpractice technical appraisal only cover medical association medical malpractice technical appraisal special seal, expert appraisal team members do not sign the appraisal, therefore, the expert appraisal team members are not likely to appear in court to accept the party's questioning, which is the medical malpractice technical appraisal of the use of evidence of the obvious defects.
The medical fault judicial appraisal of the implementation of the appraiser responsibility system, judicial appraisal should be signed or sealed by the judicial appraiser; judicial appraisal by the people's court according to law, should testify in court to answer questions related to the appraisal matters.
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First, how to bring the medical malpractice appraisal
1, the two parties to resolve the dispute, the need for medical malpractice technical appraisal, should be *** with the written commissioned by the Medical Association of the medical malpractice appraisal work office of the medical malpractice appraisal of the organization of medical malpractice technology appraisal.
A, doctors, patients, parties or agents to fill out the appraisal power of attorney and sign.
B, the medical agent should present his identity card, medical practice permit, medical institutions and legal representatives of the original ID card and authorization letter of legal representatives for inspection, and at the same time to the Office of the technical appraisal of medical accidents by the signature of the legal representative of the agent's identity card, medical practice permit, medical institutions, a copy of the ID card of the legal representative of the legal representative of the legal representative of the original authorization letter for archives. The original of the letter of authorization of the legal representative for archiving.
C. The patient and/or his/her agent shall present the patient's ID card or the identity certificate issued by the police station where the patient's household is located, the ID card of the proxy and the original of the power of attorney to the Office for Technical Identification of Medical Accidents. The original, or the legal agent's identity card and the certificate of identity of his/her legal agent issued by the police station where the household registration is located shall be presented to the Office for Technical Identification of Medical Accidents for inspection, and at the same time, the patient's identity card, the authorized proxy, a copy of the legal agent's identity card, and the originals of the relevant certificates shall be provided to the Office for archival purposes.
2, the health administrative department of the need for technical appraisal of medical accidents, should be transferred in writing to the first technical appraisal of medical accidents responsible for the medical association organization identification.
3, commissioned by the judicial authorities of medical malpractice technical appraisal by the judicial authorities directly transferred.
Second, how to pay the appraisal fee
1, the two parties *** with the commission of medical malpractice appraisal, by the two parties to pay the appraisal fee in advance.
2, the administrative department of health transferred to the technical appraisal of medical malpractice, by the parties involved in medical malpractice disputes to pay the appraisal fee in advance.
3, above the county level, the local health administrative department received a report on the major medical negligence of medical institutions, the need to transfer the medical association for medical malpractice technical appraisal, appraisal fees paid by the medical institution.
4, the judicial department commissioned by the technical appraisal of medical malpractice, the appraisal fee is paid by the parties to the lawsuit.
5, according to the results of the appraisal, the appraisal fee was negotiated by the doctor and the patient, or by the administrative department of health, the judicial department ruled.
6, the financial department of the Medical Association in accordance with the pricing provisions of the pricing department to collect appraisal fees, and issue receipts.
Third, the provincial medical association how to accept the technical appraisal of medical accidents
1, the medical association in the confirmation of the appraisal fee has been paid will be entrusted to the identification of the parties to send a written notice of acceptance (postal letter or delivery signature), the date of acceptance of the date of the payment of fees shall prevail.
2, the Medical Association from the date of acceptance of medical malpractice technical appraisal (based on the date of payment of fees) within 5 days, notify the parties to the medical malpractice disputes in accordance with the "Regulations on the Handling of Medical Accidents," the provisions of Article 28 of the medical malpractice submitted to the technical appraisal of the materials required. The materials submitted by the medical institution for the technical appraisal of medical malpractice shall include the following:
A, the original medical records of the hospitalized patients, records of the discussion of fatal cases, records of the discussion of difficult cases, opinions of the consultation, and records of the room visits of the supervising physician;
B, the hospitalized patients' hospital logs, temperature slips, medical orders, laboratory tests (test reports), medical imaging examination Information, special examination consent, surgical consent, surgical and anesthesia record sheets, pathological information, nursing records and other original medical records;
C, rescue of patients in critical condition, within a specified period of time to fill in the original medical records;
D, sealed and retained transfusions, injections, and blood, medicines and other physical objects, or testing organizations qualified by law to test these items, physical objects to make test reports;
D, sealed and retained transfusions, injections, and blood, medicines and other physical objects, or testing organizations qualified by law to test these items, physical objects The test report;
E. Other materials related to the technical appraisal of medical accidents.
F, in the medical institutions have medical records of outpatient, emergency patients, their medical records provided by the medical institutions; not in the medical institutions to establish medical records, provided by the patient.
3, the parties shall receive the notice of the Medical Association within 10 days from the date of (postmarked or delivered to the date of signing the receipt shall prevail) to submit materials related to the technical appraisal of medical malpractice, written statements and defense.
Fourth, what is not admissible
1, does not meet the admissibility criteria, the Medical Association is not admissible. Inadmissible, will be a written notice stating the reasons (postal letter or delivery signed).
2, according to the "Interim Measures for the Technical Identification of Medical Accidents," Article 13 of the provisions of the following circumstances, the Medical Association will not be accepted for technical identification of medical accidents:
A, one of the parties directly to the Medical Association of the identification of the application;
B, medical malpractice disputes involving more than one health care organization, one of which has been accepted by the Medical Association of the location of the medical institution
C, medical malpractice disputes have been mediated by the people's court agreement or judgment;
D, the parties have filed a civil lawsuit to the people's court (except for the judicial organs commissioned);
E, illegal practice of medicine caused by the patient's physical health damages;
F, do not pay or do not pay the appraisal fee;
G, the Ministry of Health regulations other circumstances.
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Medical malpractice appraisal process:
The first step to do is to write an application, and then submitted to the local Health Bureau, the Health Bureau will help you with the formalities;
The second step, to the medical association to formally apply for medical malpractice appraisal, and then to the appraisal of the first fee to pay. Keep the receipt of the payment, if the lawsuit is successful, the cost of identification will be compensated by the hospital. You should know that after the end of the medical association there will be a lottery program, that is, the degree of expert lottery, you according to draw on it. If the patient has died, but did not do an autopsy, the experts will also invite the medical examiner to join;
The third step to do is to write a written statement of the identification of the book, to make the situation clear. This car statement is more specialized, not only to be concise but also to highlight the key. In fact, it is to write the treatment and diagnosis of what errors exist. If you are not very good at writing it yourself, you can find a doctor who specializes in it.
This written statement is important. The statement includes two aspects, one is the occurrence of medical malpractice, one is the family's views, think the hospital's diagnosis and treatment of what is wrong. Appraisal of the expert is to see this written appraisal, so do not appear redundant verbal narrative. In front of the experts, the statement should be professional so that they can study it carefully. Lawyers may not need to attend the appraisal meeting.
For when there is medical malpractice, stay calm and take useful means to get compensation. Do not deal with it through extreme means, which will not only fail to get compensation, but will also plunge yourself into the quagmire of crime. As long as you follow the process of medical malpractice, it's a safer way to handle it.
If there is medical malpractice, do not know what to do, you can find a professional lawyer, can give you professional guidance. At the same time, it will also be helpful for the lawsuit, and may win the case.