In the event of medical malpractice, it is likely to involve some compensation issues, and will also go to the people's court for prosecution, but the general medical malpractice process is how to stipulate? Below, in order to help you better understand the relevant legal knowledge, I organized the following content, I hope to help you.
First, how to deal with minor medical malpractice
1, report
"Medical malpractice regulations" Article 13 provides that: "medical personnel in the medical activities or found medical malpractice, may cause medical malpractice of medical negligence or medical malpractice controversy The medical staff shall immediately report to the person in charge of their department, and the person in charge of the department shall promptly report to the department responsible for monitoring the quality of medical services in the medical institution or to the full-time (part-time) staff; the department responsible for monitoring the quality of medical services or the full-time (part-time) staff shall, upon receipt of the report, immediately carry out an investigation and verification, and shall report the relevant information to the person in charge of the medical institution in a truthful manner, and shall notify the patient of the report and explain it to him/her. " Article 14 states, "In the event of medical malpractice, the medical institution shall, in accordance with the regulations, report to the local health administrative department. In the event of any of the following acts of gross medical negligence, the medical institution shall report to the local health administrative department within 12 hours." The prescribed reporting system serves the following purposes:
(1) Immediately after the occurrence of a medical accident or incident, report it to a superior physician or administrative leader, so as to facilitate the timely adoption of effective remedial measures, and minimize, to the greatest extent possible, the adverse effects of the accident or incident on the patient.
(2) Timely grasp of first-hand information and evidence to help the accurate identification, accurate characterization and correct treatment of medical errors or incidents. Therefore, after the occurrence of medical accidents or incidents, only the immediate report, the medical unit can promptly send specialists to keep a variety of materials required for the identification of the case and sealing and preservation of the scene, in order to avoid the occurrence of certain unfavorable to the identification of medical accidents or incidents and the handling of the situation.
(3) after the occurrence of medical malpractice, medical institutions and patients and their families on the nature of the accident or incident and the cause of the occurrence of disputes often occur, it is difficult to unify the understanding, which requires a technical appraisal or autopsy. Immediate reporting, medical units or health administrative departments in order to carry out timely investigation and treatment, especially for fatal events, can be carried out in a timely manner autopsy, to ensure the accuracy of the results of the autopsy. The autopsy should be organized within 48 hours by qualified institutions and personnel. If the medical unit or the patient's family refuses to conduct an autopsy, or delays the autopsy for more than 48 hours, which affects the determination of the cause of death, the party that refuses or delays the autopsy shall be responsible.
(4) When there is a dispute over the confirmation and treatment of medical malpractice, it shall be referred to the local and municipal medical associations for appraisal, which shall be handled by the administrative department of health. To the conclusions made by the expert group of medical malpractice technical appraisal or the treatment made by the administrative department of health, the patient and his/her family and the medical unit may, within 15 days from the date of receipt of the conclusions or notification of treatment, apply for re-appraisal to the next level of the technical office of medical malpractice*** with the same application or apply for a reconsideration to the next level of the administrative department of health, and may also be directly sued to the local people's court.
2, timely measures to prevent the expansion of the damage
Article 15 of the Regulations on the Handling of Medical Accidents stipulates that: "In the event or discovery of medical negligence, the medical institution and its medical staff shall immediately take effective measures to avoid or mitigate the damage to the patient's health, and prevent the damage from expanding." Medical institutions to take timely and effective measures include: to confirm the degree of damage caused by negligent behavior and the necessary auxiliary examination; in order to mitigate the consequences of the damage to take the necessary medication, surgery and other treatments; in order to avoid medical malpractice disputes and other measures taken. These measures should have a strong focus and effectiveness, in order to strive to minimize the degree of damage caused to the patient.
3, the custody of a variety of information, sealing the scene in kind
Article 9 of the "Regulations on the Treatment of Medical Accidents" stipulates: "It is strictly prohibited to alter, falsify, conceal, destroy, or seize the case information." Article 16 stipulates: "In the event of a medical malpractice dispute, the records of the discussion of fatal cases, the records of the discussion of difficult cases, the records of the superior physician's examination, the consultation opinions, and the records of the course of the disease shall be sealed and unsealed in the presence of both the doctor and the patient. The sealed medical records may be copies and shall be kept by the medical institution." Article 17 stipulates that "where it is suspected that transfusion, blood transfusion, injection, drugs and other adverse consequences, the doctor and patient shall *** with the physical site for sealing and unsealing, sealed physical site by the medical institution for safekeeping; the need for testing, should be designated by both parties *** with the test qualification of the testing organization for testing according to the law; both parties can not *** with the designation of the health administrative department designated by the The administrative department of health shall designate. Suspected transfusion of blood caused by adverse consequences, the need for blood to be sealed and retained, the medical institution shall notify the blood collection and supply institutions to provide the blood to send officers to the scene."
Obtaining first-hand information and evidence is a prerequisite for making accurate identification, accurate characterization and correct handling of a medical incident or event. Therefore, the medical unit, after receiving the report about the medical personnel involved, their departments in the occurrence of medical malpractice, should be in accordance with the law to do a good job of storage and sealing, so as to avoid the occurrence of unfavorable things to the handling of medical malpractice.
3, investigation
Medical units of medical malpractice or incident, should be immediately investigated, dealt with, and reported to the higher health administrative departments. Individual practice of medical staff of medical accidents or incidents, by the local health administrative department to organize the investigation and handling. Patients and their families may also make requests to the medical unit for investigation and handling. The process of investigating medical accidents or incidents is actually to find the basis for dealing with medical accidents or incidents and to analyze the causes and process of the accidents or incidents, which is the key link in the whole process of dealing with medical accidents or incidents. The process of investigation generally involves the following aspects:
First, the examination of evidence. First of all, the patient's medical record is a record of the development of the disease process, recording the doctor's treatment methods and ideas, reflecting the doctor's responsibility for the most primitive information. In order to find out the truth of the accident, the medical records must be documented to determine whether the medical records have been altered. Secondly, drug analysis and specimens are done on the medicines, vials and residual medicinal fluids extracted from the site investigation, and the blood, urine and secretions of the patient. Again, blood typing tests are done if there is a suspicion of wrong transfusion of allogeneic blood to a patient, a suspicion of a wrong newborn exchange, or a suspicion of improper allogeneic organ transplantation. Finally, if it is suspected that the accident is caused by the failure of medical equipment, it is necessary to ask professionals to test the medical equipment and medical devices, etc., to determine whether there is a design defect, there is no mechanical failure or circuit failure, etc..
Second, the examination of the living body, the autopsy of the corpse. Examination of the living body refers to the physical examination of the patient to determine whether the patient is disabled, whether there is tissue and organ damage caused by dysfunction, to determine the degree of disability and dysfunction, for the correct handling of medical errors to provide an objective, scientific basis. The autopsy of the body is mainly a pathological and forensic autopsy of the body to determine the cause of death.
Third, the medical unit in charge, responsible medical personnel, patients and their relatives, patients present at the investigative interviews, consulting medical authorities for difficult medical issues. In the process of dealing with medical malpractice, should not be ignored on both sides of the inquiry. Because the doctor and patient inquiry can get some useful information on medical malpractice, and can better eliminate the contradiction between the doctor and the patient, communication between the two sides, in order to solve the medical malpractice smoothly.
4, make a conclusion
Medical malpractice departments should be based on the investigation, research, and finally make the views on the handling of the accident. For cases that do not constitute medical malpractice, the patient and his/her family should be given a detailed written explanation of the situation and reasons. For cases that constitute medical malpractice, the responsible medical personnel should be ordered to bear civil or administrative responsibility according to the "Regulations on the Handling of Medical Accidents" and other laws and regulations, and those who constitute the crime of medical malpractice should be held criminally liable in accordance with the law.
Medical disputes are complex, strong policy, medical units and health administrative departments in the reception and handling must be serious and do a good job in all aspects of the work.
(1) Reception: the first question of reception of visitors is to enable visitors to establish a sense of trust. Regardless of whether there is medical negligence, we must express our condolences to the patient or family, sincere and enthusiastic attitude, even if the other side of the anger or language, but also to channel, persuade, do not get angry. The first visit to the patient must be patient to listen, carefully note, as much as possible to collect materials related to the dispute, in order to provide a basis for the investigation. Do not answer questions easily, either in the affirmative or in the negative. Don't interrupt when the visitor is stating his opinion, don't interrupt or make unnecessary explanations to prevent the misunderstanding of harboring or taking sides. Finally, conclusions must be made based on the facts, only thorough investigation and research can make a correct analysis and judgment. Therefore, medical records, physical, on-site need to be properly preserved and protected.
(2) autopsy: family members revealed dissatisfaction with the medical process, the relevant medical personnel should be prepared, the patient died after written notice and guide the family to conduct an autopsy. According to the relevant provisions, the autopsy should be carried out by the health administrative department recognized by the specialized agencies and qualified personnel, the purpose is to analyze and diagnose the cause of death, to find out whether there is negligence, whether the surgery accidentally injured the organs, etc., to identify and deal with disputes to provide an objective basis.
(3) aftercare: aftercare must not favoritism, adhere to the principle, and strive to accurately characterize, deal with appropriate, rapid closure of the case, leaving no loose ends. This is to strive for understanding, cooperation and support of the patient or relatives, and rely closely on the local government and all relevant sectors of society. On the basis of the agreement, it is best to fulfill the notarization procedures, signed a notarized agreement to avoid repetition, so that the agreement has the force of law.
Two, medical malpractice
refers to the medical institutions and their medical staff in medical activities, in violation of health care management laws, administrative regulations, departmental rules and diagnostic and nursing norms, routines, misdiagnosis of improper treatment measures leading to the patient's intellect, the body of the different degrees of damage or omission of delay in the timing of the damage caused by the accident. Determine whether the medical malpractice is currently required to identify the medical malpractice appraisal committee to determine.
The above content is related to the answer, general medical malpractice, in the process of dealing with the process to do this process, first of all, the hospital needs to carry out a report and investigation, this is to protect some of the evidence at the scene, and then the corresponding conclusions, if you still have other legal issues you can consult with the relevant lawyers.
How to deal with minor medical malpractice @2019