How to deal with medical malpractice

According to the Regulations on the Handling of Medical Accidents:

Article 13

Medical personnel shall immediately report to the person in charge of the department in which they are employed if they have occurred or discovered medical malpractice, acts of medical negligence that may give rise to medical malpractice or disputes over medical malpractice in the course of medical activities.

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 a full-time (part-time) staff; the department responsible for monitoring the quality of medical services or a full-time (part-time) staff received the report, shall immediately investigate, verify, and truthfully report the relevant information to the person in charge of the medical institution, and inform the patient, explain.

Article 14

In the event of a medical incident, the medical institution shall, in accordance with the provisions of the report to the local health administrative department. 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 a medical incident of second degree or above;?

(ii) lead to the consequences of personal injury to more than three people;?

(iii) other circumstances stipulated by the health administrative department of the State Council and the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 15

The occurrence or discovery of medical negligence, medical institutions and their medical staff shall immediately take effective measures to avoid or mitigate the damage to the patient's physical health, to prevent the damage from expanding.

Article 16

When a medical malpractice dispute occurs, the records of the discussion of fatal cases, the records of the discussion of difficult cases, the records of the examination by the superior physician, the opinions of the consultation, and the records of the course of the disease shall be sealed and unsealed in the presence of both the physician and the patient. Sealed medical records can be copies of the information, the medical institution to keep.

Expanded information:

According to the "Regulations on the Handling of Medical Accidents":

Article 37

In the event of a dispute concerning a medical accident, the party concerned shall apply to the administrative department of health to deal with it, shall submit a written application. The application shall contain the basic situation of the applicant, the relevant facts, specific requests and reasons. The parties concerned may apply to the administrative department of health for the handling of medical disputes within one year from the date when they knew or should have known that their physical health had been harmed.

Article 38

In the event of a medical malpractice dispute, where the party concerned applies to the administrative department of health, the administrative department of health of the people's government at the county level where the medical institution is located shall accept the application.

Where the location of the medical institution is a municipality directly under the central government, the application shall be accepted by the administrative department of health of the people's government of the district or county where the medical institution is located. In one of the following cases, the health administrative department of the people's government at the county level shall, within seven days from the date of receipt of the report of the medical institution or the party concerned filing the application for handling the medical malpractice dispute, refer it to the health administrative department of the people's government of the next higher level for handling:?

(a) the death of the patient;?

(ii) medical malpractice which may be grade two or above;?

(C) the State Council administrative department of health and the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government of the health administrative department of other circumstances.

Article 39

The administrative department of health shall, within 10 days from the date of receipt of an application for handling a medical malpractice dispute, conduct an examination and make a decision as to whether or not to accept the application. In accordance with the provisions of these regulations, to be accepted, the need for technical appraisal of medical accidents, shall, within five days from the date of acceptance of the decision to submit the relevant materials to the medical association responsible for the technical appraisal of medical accidents and written notice to the applicant organization appraisal.

Failure to comply with the provisions of these Regulations, inadmissible, shall notify the applicant in writing and explain the reasons. The parties to the first technical appraisal of medical accidents have objections to the conclusion, apply for reappraisal, the health administrative department shall, within seven days from the date of receipt of the application by the province, autonomous region, municipality directly under the Central Government, the local medical association to organize the reappraisal.

China.gov.cn - Regulations on the Handling of Medical Accidents