Regulations on the Handling of Medical Accidents
Chapter I General Provisions
Article I In order to correctly deal with medical accidents, to protect the legitimate rights and interests of patients and medical institutions and their medical personnel, to maintain medical order, to protect medical safety, and to promote the development of medical sciences, the formulation of these regulations.
Article 2 of the regulations referred to in the medical malpractice, refers to the medical institutions and their medical personnel in medical activities, in violation of medical and health care laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms, routines, negligence caused by the patient's personal injury accident.
Article 3 to deal with medical accidents, should follow the principle of openness, fairness, impartiality, timeliness, convenience, and adhere to the scientific attitude of seeking truth from facts, so that the facts are clear, accurate characterization, responsibility is clear, and appropriate treatment.
Article 4 According to the degree of damage caused to the patient's person, medical malpractice is divided into four levels:
First-degree medical malpractice: causing the patient's death, severe disability;
Second-degree medical malpractice: causing the patient's moderate disability, organ and tissue damage resulting in serious functional impairment;
Third-degree medical malpractice: causing the patient's mild disability, organ and tissue damage causing general dysfunction;
Level IV medical malpractice: causing other consequences that result in obvious physical damage to the patient.
The specific grading standards shall be formulated by the health administrative department of the State Council.
Chapter II Prevention and Disposal of Medical Accidents
Article 5 of the medical institutions and their medical personnel in medical activities, must strictly abide by the medical and health care laws, administrative regulations, departmental rules and regulations and diagnosis, treatment and care norms, routines, and abide by the professional ethics of medical services.
Article VI of the medical institutions should be its medical staff for medical and health care management laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms, routines, training and medical service professional ethics education.
Article VII of the medical institutions should be set up to monitor the quality of medical services or full-time (part-time) staff, specifically responsible for the supervision of the medical staff of the medical institution's medical services, check the practice of medical personnel, accept the patient's complaints about medical services, and provide consulting services to them.
Article VIII of the medical institutions shall, in accordance with the requirements set forth by the State Council administrative department of health, writing and proper storage of medical records.
As a result of the rescue of patients in critical condition, failed to write a medical record in time, the relevant medical personnel should be within six hours after the end of the rescue according to the record, and be noted.
Article IX is strictly prohibited alteration, forgery, concealment, destruction or seizure of medical records.
Article 10 of the patient has the right to copy or copy their outpatient medical records, hospitalization records, temperature lists, doctor's orders, laboratory tests (test reports), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathology data, nursing records, and the State Council administrative departments of the State Council, the provisions of the other medical records.
Patients in accordance with the provisions of the preceding paragraph to request a copy or copy of the medical records, medical institutions shall provide copy or copy services and copy or copy of the medical records on the seal of proof. Photocopying or copying of medical records, there should be a patient present.
Medical institutions at the request of the patient, for its copy or copy of medical records, can be charged in accordance with the provisions of the cost. Specific charges by the provinces, autonomous regions, municipalities directly under the Central People's Government, the price department in conjunction with the same level of health administration.
Article 11 in the medical activities, medical institutions and their medical staff shall inform the patient's condition, medical measures, medical risks and other truthful information to the patient, and timely answers to their inquiries; however, should be avoided to the patient's adverse consequences.
Article 12 medical institutions shall formulate plans to prevent and deal with medical accidents, prevent the occurrence of medical accidents, and mitigate the damage of medical accidents.
Article XIII of the medical staff in the medical activities occur or found in medical malpractice, may cause medical malpractice of medical negligence or medical malpractice disputes, shall immediately report to the head of the department, the head of the department shall be promptly to the medical institution responsible for the quality of health care services monitoring department or a full-time (part-time) staff report; responsible for the quality of health care services monitoring department or a full-time (part-time) staff receive the report, the department shall be responsible for the quality of medical services monitoring department or a full-time (part-time) staff report. (part-time) personnel shall, upon receipt of the report, immediately investigate, verify, and truthfully report the situation to the person in charge of the medical institution, and inform and explain to the patient.
Article 14 of the medical incident, the medical institution shall, in accordance with the provisions of the local health administrative department 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 more than two levels 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 (C) the health administrative department of the State Council and the provincial, autonomous regions and municipalities directly under the Central Government of the People's Government of other circumstances.
Article 15 of 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 health, to prevent the damage from expanding.
Article 16 of the occurrence of medical malpractice disputes, the death of case discussion records, difficult case discussion records, records of the superior physician's examination, consultation opinions, medical records shall be sealed and unsealed in the presence of both the doctor and the patient. Sealed medical records can be a copy of the information in the custody of the medical institution.
Article XVII of the suspected transfusion, blood transfusion, injections, drugs and other adverse consequences, doctors and patients shall *** with the physical site of the sealing and unsealing, sealing of the physical site of the custody of the medical institution; the need for testing, should be designated by the two sides *** with the test qualifications according to law testing organizations; the two sides can not *** with the designation of the administrative department of health designated.
Suspected that the blood transfusion caused adverse consequences, the need for blood sealing and retention, the medical institution shall notify the blood collection and supply institutions to provide the blood to send staff to the scene.
Article 18 of the patient's death, doctors and patients can not determine the cause of death or the cause of death of disagreement, shall be conducted within 48 hours after the death of the patient autopsy; with the conditions of freezing of the body, can be extended to 7 days. Autopsy should be agreed and signed by the next of kin of the deceased.
An autopsy shall be in accordance with the relevant provisions of the state to obtain the appropriate qualifications of institutions and pathological anatomy professional and technical personnel. Undertake the task of autopsy institutions and pathological anatomy professional and technical personnel have the obligation to carry out the autopsy.
The parties to a medical malpractice dispute may request forensic pathologists to participate in the autopsy, and may also appoint a representative to observe the autopsy process. If an autopsy is refused or delayed beyond the prescribed time, which affects the determination of the cause of death, the party who refuses or delays shall be held responsible.
Article 19 of the patient died in a medical institution, the body should be immediately moved to the morgue. The dead body storage time generally shall not exceed 2 weeks. Late disposal of the body, approved by the health administrative department of the location of the medical institution, and reported to the public security department at the same level for the record, the medical institution in accordance with the provisions of the disposal.
Chapter III of the technical appraisal of medical accidents
Article 20 of the administrative department of health received by the medical institution on the report of major medical negligence or medical malpractice disputes parties to the request for medical malpractice disputes, the need for medical malpractice technical appraisal, it shall be responsible for the work of medical malpractice appraisal of medical associations organization appraisal; doctors and patients to resolve the consultation Medical malpractice disputes, the need for medical malpractice technical appraisal, by both parties **** with the commission responsible for medical malpractice technical appraisal of the medical association organization appraisal.
Article 21 of the municipalities and provinces, autonomous regions and municipalities directly under the jurisdiction of the local medical association is responsible for the organization of the first technical appraisal of medical accidents. Provinces, autonomous regions, municipalities directly under the central local medical association is responsible for organizing the re-identification work.
When necessary, the Chinese Medical Association can organize difficult, complex and in the country has a significant impact on the technical appraisal of medical malpractice disputes.
Article 22 of the parties to the first medical malpractice technical appraisal of the conclusion is not convinced, you can receive the first appraisal of the conclusion of the date of the 15 days to the health administrative department of the location of the medical institution to submit an application for re-appraisal.
Article 23 is responsible for the organization of medical malpractice technical appraisal of the medical association shall establish a pool of experts.
The expert pool consists of health care professionals and technicians with the following conditions:
(a) good business quality and ethics of practice;
(b) employed in health care institutions or medical teaching, research institutions and serve as a senior technical position in the corresponding profession for more than three years.
Conforms to the conditions stipulated in paragraph (a) of the preceding paragraph and has the senior technical qualifications of forensic doctors can be hired into the expert pool.
The medical association responsible for organizing the technical appraisal of medical accidents in accordance with the provisions of these regulations to hire health care professionals and forensic doctors into the pool of experts, may not be subject to the restrictions of the administrative region.
Article 24 of the technical appraisal of medical accidents, the medical association responsible for organizing the technical appraisal of medical accidents to organize expert appraisal group.
Experts of relevant specialties participating in the technical appraisal of medical malpractice shall be randomly selected from the expert pool by both the doctor and the patient under the auspices of the medical association. In special circumstances, the medical association in accordance with the needs of medical malpractice technical appraisal work, can be organized by doctors and patients in other medical associations to establish the expert database randomly selected experts in related professions to participate in the appraisal or letter of advice.
Medical and health care professionals and forensic doctors who meet the conditions set forth in Article 23 of these Regulations shall be obliged to be employed in the expert pool and to undertake the technical appraisal of medical accidents.
Article 25 of the expert appraisal group for technical appraisal of medical accidents, the implementation of collegiality. Expert appraisal group for the number of singular, involving the main disciplines of experts generally shall not be less than one-half of the appraisal group; involving the cause of death, disability level appraisal, and should be randomly selected from the expert pool of forensic doctors to participate in the expert appraisal group.
Article 26 of the expert appraisal group members of one of the following circumstances, shall be recused, the parties may also apply for its recusal orally or in writing:
(a) is a party to a medical malpractice dispute or the party's close relatives;
(b) and medical malpractice disputes with an interest in the dispute;
(c) and the parties to the dispute over medical malpractice (C) has other relations that may affect the impartial appraisal.
Article 27 The expert appraisal team shall, in accordance with the laws, administrative regulations, departmental rules, and diagnosis and treatment norms and routines of medical and health care management, and utilizing the principles of medical science and professional knowledge, independently carry out the technical appraisal of medical malpractice, and identify and determine medical malpractice, and provide a medical basis for dealing with the disputes over medical malpractice.
No unit or individual shall interfere with the work of medical malpractice technical appraisal, and shall not threaten, induce, abuse or assault the members of the expert appraisal team.
The expert appraisal team members shall not accept property or other benefits from both parties.
Article 28 is responsible for the organization of medical malpractice technical appraisal of the medical association shall, within five days from the date of acceptance of medical malpractice technical appraisal of medical malpractice disputes notify the parties to the submission of medical malpractice technical appraisal of the materials required.
The parties concerned shall submit the materials, written statements and defense concerning the technical appraisal of medical malpractice within 10 days from the date of receipt of the notification from the medical association. The materials submitted by the medical institution for technical appraisal of medical malpractice shall include the following:
(1) 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 examination room of the supervising physician;
(2) the hospitalization records of the hospitalized patients, temperature slips, medical prescription slips, laboratory reports, medical imaging and examination data, consent for special examinations, and medical records of the hospitalized patients, medical records of the hospitalized patients, and medical records of the hospitalized patients. Inspection data, special examination consent, surgical consent, surgical and anesthesia record sheets, pathological data, nursing records and other original medical records;
(c) rescue of patients in critical condition, the original medical records within a specified period of time to make up for the data;
(d) sealed and retained transfusions, injections, and blood, medicines and other physical objects, or testing institutions qualified according to law on the test report made by these objects, physical objects. Articles, physical objects made test reports;
(e) other materials related to the technical appraisal of medical accidents.
Outpatients and emergency patients who have medical records in medical institutions shall be provided with medical records by the medical institutions; those who do not have medical records in medical institutions shall be provided with medical records by the patients.
Doctors and patients should be submitted in accordance with the provisions of these regulations. Medical institutions without justifiable reasons not in accordance with the provisions of these regulations to truthfully provide the relevant materials, resulting in the technical appraisal of medical accidents can not be carried out, shall be held responsible.
Article 29 is responsible for the organization of medical malpractice technical appraisal of the medical association shall be submitted by the parties involved in the technical appraisal of medical malpractice of the materials, written statements and defense within 45 days from the date of the organization of the appraisal and issuance of medical malpractice technical appraisal.
The medical association responsible for organizing the technical appraisal of medical malpractice can be investigated and evidence collection from both parties.
Article 30 of the expert appraisal group shall carefully review the materials submitted by both parties, listen to the statements and defense of both parties and verification.
The parties shall, in accordance with the provisions of these regulations, truthfully submit the materials required for technical appraisal of medical incidents, and actively cooperate with the investigation. If either party fails to cooperate and affects the technical appraisal of the medical incident, the party who fails to cooperate shall be held responsible.
Article 31 The expert appraisal team shall, on the basis of clear facts and solid evidence, comprehensively analyze the patient's condition and individual differences, make a conclusion and produce a technical appraisal of medical malpractice. Appraisal conclusions by a majority of the expert appraisal group members. The appraisal process should be faithfully documented.
Medical malpractice technical appraisal shall include the following main contents:
(1) the basic situation of the parties and requirements;
(2) the materials submitted by the parties and responsible for the organization of medical malpractice technical appraisal of the medical association of the investigative materials;
(3) a description of the appraisal process;
(4) whether the medical behavior (v) whether there is a causal relationship between the medical negligent behavior and the consequences of personal injury;
(vi) the degree of responsibility of the medical negligent behavior in the consequences of the damage caused by the medical malpractice;
(vii) the level of medical malpractice;
(viii) a medical recommendation for the medical malpractice (h) Medical recommendations for the patient's medical care.
Article 32 The technical appraisal methods for medical accidents shall be formulated by the health administrative department of the State Council.
Article 33 of the following circumstances, is not a medical incident:
(1) in an emergency in order to save the lives of dying patients and take emergency medical measures resulting in adverse consequences;
(2) in medical activities due to the patient's condition is abnormal or the patient's special physical condition and the occurrence of medical accidents;
(3) under the existing medical science and technology conditions, the occurrence of unforeseen medical problems. (C) in the existing medical science and technology conditions, the occurrence of unforeseen or can not be prevented adverse consequences;
(D) no fault blood transfusion infection caused by adverse consequences;
(E) delayed diagnosis and treatment due to the patient's cause of the adverse consequences;
(F) force majeure caused by the adverse consequences.
Article 34 of the technical appraisal of medical accidents, you can charge appraisal fees. After identification, belongs to the medical incident, the identification costs paid by the medical institution; does not belong to the medical incident, the identification costs paid by the party that filed the application for medical malpractice. Appraisal fee standards by the provinces, autonomous regions and municipalities directly under the central people's government price department in conjunction with the same level of the financial sector, the health administration.
Chapter IV of the administrative treatment and supervision of medical errors
Article 35 of the administrative department of health shall, in accordance with the provisions of these regulations and relevant laws, administrative regulations, departmental regulations, the occurrence of medical accidents in medical institutions and medical personnel to make administrative treatment.
Article 36 of the administrative department of health received by the medical institution on the major medical negligence report, in addition to ordering the medical institution to take timely and necessary medical measures to prevent the expansion of the consequences of the damage, shall organize an investigation to determine whether or not it is a medical incident; can not be determined whether or not it is a medical incident, shall be in accordance with the relevant provisions of the Ordinance shall be referred to the responsible for the technical appraisal of medical incidents. Medical association organization identification.
Article 37 of the medical malpractice disputes, the parties apply for the administrative department of health, 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, within one year from the date they knew or should have known that their physical health has been harmed, submit an application to the administrative department of health to deal with the medical malpractice dispute.
Article 38 the occurrence of medical malpractice disputes, the parties apply to the administrative department of health, by the county-level people's government of the county where the medical institution accepts the administrative department of health. Where the location of the medical institution is a municipality directly under the central government, the administrative department of health of the people's government of the district or county where the medical institution is located.
In any of the following cases, the administrative department of health 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 an application for handling the dispute over the medical incident, refer it to the administrative department of health of the people's government at the next higher level for handling:
(1) the death of the patient;
(2) a medical incident which may be of the second degree or above;
(3) 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 line 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 the relevant materials to the medical association responsible for the technical appraisal of medical accidents and notify the applicant in writing; does not comply with the provisions of these regulations, is not admissible, it shall be notified to the applicant in writing and the reasons for it.
The parties to the first technical appraisal of medical accidents have objections to the conclusion, apply for reappraisal, the administrative department of health shall, within seven days from the date of receipt of the application by the province, autonomous region, municipality directly under the Central Government, the organization of the medical association for reappraisal.
Article 40 of the parties both to the administrative department of health to apply for the handling of medical disputes, and to the people's court litigation, the administrative department of health shall not be admissible; the administrative department of health has been admissible, it shall terminate the processing.
Article 41 of the administrative department of health received the organization responsible for the technical appraisal of medical malpractice medical association issued by the technical appraisal of medical malpractice, shall participate in the appraisal of the qualifications of the personnel and professional categories, the appraisal process for review; if necessary, may organize an investigation, listen to the views of both parties to the dispute of the medical malpractice.
Article 42 of the administrative department of health after review, in line with the provisions of these regulations made by the technical appraisal of medical errors, shall be used as the occurrence of medical accidents in medical institutions and medical personnel to make the administrative treatment as well as the basis for mediation of medical malpractice compensation; review, found that the technical appraisal of medical accidents do not comply with the provisions of these regulations, shall require a re-appraisal.
Article 43 of the medical malpractice disputes by both parties to resolve their own negotiations, the medical institution shall, within seven days from the date of settlement of the negotiations to the local health administrative department to make a written report, accompanied by a letter of agreement.
Article 44 of the medical dispute by the people's court mediation or judgment, the medical institution shall, within 7 days from the date of receipt of the effective people's court mediation or judgment to the seat of the administrative department of health to make a written report, with the mediation or judgment.
Article 45 of the local people's government at or above the county level, the health administrative department shall, in accordance with the provisions of the local level by level, the occurrence of medical accidents as well as in accordance with the law on the occurrence of medical accidents in medical institutions and medical personnel to make the administrative treatment of the situation, reported to the State Council administrative department of health.
Chapter V Compensation for medical malpractice
Article 46 of the occurrence of medical malpractice compensation and other civil liability disputes, doctors and patients can be resolved through consultation; unwilling to negotiate or consultation fails, the parties concerned may apply to the administrative department of health mediation, but also directly to the people's court to file a civil lawsuit.
Article 47 of the negotiation between the two parties to resolve the dispute over civil liability for compensation for medical errors, shall make an agreement. The agreement shall set out the basic situation of the parties and the cause of the medical incident, the parties **** with the determination of the level of medical malpractice, as well as the amount of compensation determined by negotiation, and signed by both parties on the agreement.
Article 48 has been determined to be medical malpractice, the health administrative department shall medical malpractice disputes between the two parties request, can be mediated compensation for medical malpractice. Mediation, shall follow the voluntary principle of both parties, and shall be based on the provisions of these regulations to calculate the amount of compensation.
After mediation, the parties reached agreement on the amount of compensation, the production of mediation, the parties shall fulfill; mediation fails or mediation agreement after a party to repentance, the administrative department of health is no longer mediation.
Article 49 of the medical malpractice compensation, shall take into account the following factors, to determine the specific amount of compensation:
(a) medical malpractice level;
(b) medical negligence in the consequences of medical malpractice damage to the degree of responsibility;
(c) medical malpractice damage to the consequences of medical malpractice and the patient's pre-existing condition of the disease relationship between.
If it is not a medical malpractice, the medical institution shall not be liable for compensation.
Article 50 Compensation for medical malpractice shall be calculated in accordance with the following items and standards:
(1) Medical expenses: medical expenses incurred in treating the personal damage caused by the medical malpractice to the patient shall be calculated and paid on the basis of the evidence, but the medical expenses for the original disease shall not be included. After the conclusion of the case does require continued treatment, in accordance with the basic medical expenses paid.
(2) lost wages: the patient has a fixed income, in accordance with the fixed income of the person due to loss of work to reduce the calculation of income higher than three times the average annual wage of the employee on the ground of the occurrence of the medical malpractice, in accordance with three times the calculation; no fixed income, in accordance with the medical malpractice occurs on the ground of the average annual wage of the employee calculation.
(3) Hospitalized meal allowance: calculated in accordance with the standard of meal allowance for the general staff of the state organs in the place where the medical malpractice occurred.
(4) escort fee: the patient needs to be accompanied during hospitalization, according to the average annual salary of the employee in the year where the medical incident occurred.
(v) Disability living allowance: according to the disability grade, calculated in accordance with the average annual cost of living of the residents in the place where the medical malpractice occurred, with a maximum compensation of 30 years from the month of determination of the disability; however, for those over 60 years of age, it shall not be more than 15 years; and for those over 70 years of age, it shall not be more than 5 years.
(6) Disability Appliance Fee: If you need to configure compensatory functional appliances due to disability, with the certificate of the medical institution, the fee shall be calculated according to the cost of universal appliances.
(vii) Funeral expenses: calculated in accordance with the standard of funeral expenses subsidy stipulated by the place where the medical incident occurred.
(viii) Dependents' living expenses: to the extent of the deceased's life or the disabled person before the loss of working capacity to actually support the person who is unable to work, in accordance with the minimum standard of subsistence guarantee for residents of the place of domicile or residence. For those who are under 16 years of age, they shall be supported until they reach 16 years of age. For those who have reached the age of 16 but are incapable of labor, they shall be supported for 20 years; however, if they are over 60 years of age, they shall not be supported for more than 15 years; if they are over 70 years of age, they shall not be supported for more than 5 years.
(ix) Transportation fee: calculated according to the actual necessary transportation cost of the patient, and paid with the evidence.
(j) Accommodation expenses: calculated in accordance with the standard of business trip accommodation allowance for the general staff of the state organs in the place where the medical malpractice occurs, and paid on the basis of supporting documents.
(xi) compensation for moral damage: calculated in accordance with the average annual cost of living of residents in the place where the medical malpractice occurred. If it results in the death of the patient, the maximum number of years of compensation shall not exceed 6 years; if it results in the disability of the patient, the maximum number of years of compensation shall not exceed 3 years.
Article 51: The transportation, lost labor and accommodation expenses required for the close relatives of the patient who participate in the handling of the medical malpractice shall be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons for whom the expenses are to be calculated shall not be more than two.
Medical malpractice resulting in the death of the patient, the spouse and immediate family members of the patient to participate in the funeral activities of the required transportation costs, lost wages, accommodation costs, with reference to the relevant provisions of Article 50 of these Regulations, the calculation of the costs of the number of no more than two people.
Article 52 of the medical malpractice compensation costs, the implementation of a one-time settlement, paid by the medical institutions that bear the responsibility for medical malpractice.
Chapter VI Penalties
Article 53 If a staff member of a health administrative department violates the provisions of these Regulations in the course of dealing with a medical malpractice, takes advantage of the convenience of his position to accept other people's property or other benefits, abuses his power, neglects his duty, or finds out that the violation of the law is not investigated or dealt with and causes serious consequences, he shall be punished in accordance with the provisions of the Criminal Law on the crimes of accepting bribes, abusing one's position, neglecting duty or other relevant crimes, according to the provisions of the Criminal Law. other related crimes, shall be investigated for criminal responsibility; if not yet sufficient for criminal punishment, shall be given the administrative punishment of demotion or dismissal according to law.
Article 54 of the health administrative department in violation of the provisions of these regulations, one of the following circumstances, the higher health administrative department shall give a warning and ordered to make corrections within a certain period of time; if the circumstances are serious, the supervisory personnel responsible and other directly responsible personnel shall be given administrative sanctions in accordance with the law:
(a) upon receipt of a report from the medical institution of a major medical negligence, failed to organize a timely investigation (ii) upon receipt of an application for the handling of a medical malpractice dispute, failing to review it within the prescribed time or transfer it to the health administrative department of the people's government at the next higher level for handling;
(iii) failing to hand over to the medical association for the organization of the appraisal of a major act of medical negligence or a dispute over a medical malpractice for which medical malpractice technical appraisal should be carried out;
(iv) failing to hand over to the medical association for appraisal of the locally occurring Medical accidents and the administrative treatment of medical institutions and medical personnel in accordance with the law of the occurrence of medical accidents reported;
(e) not in accordance with the provisions of these Regulations to review the technical appraisal of medical accidents.
Article 55 of the medical institutions in the event of a medical incident, the administrative department of health, according to the level of medical accidents and the circumstances, given a warning; the circumstances are serious, ordered to suspend rectification until the original licensing department revoke the license to practise on the responsible medical personnel in accordance with the criminal law on the provisions of the crime of medical malpractice, shall be held criminally liable; not yet enough to be criminally punished, shall be given administrative or disciplinary action. Or disciplinary action.
The occurrence of medical malpractice of the medical personnel concerned, in addition to the punishment in accordance with the preceding paragraph, the administrative department of health and may order the suspension of more than six months than one year or less of practice; the circumstances are serious, the revocation of their practicing certificates.
Article 56 of the medical institutions in violation of the provisions of these regulations, one of the following circumstances, the administrative department of health shall order rectification; the circumstances are serious, the supervisors responsible for and other personnel directly responsible for the administrative or disciplinary action taken in accordance with law:
(a) failure to truthfully inform the patient of the condition of the patient, the medical measures and medical risks;
(b) no justifiable reason, refusing to provide patients with copies of the medical records. Justifiable reasons, refused to provide patients with copying or reproduction of medical records;
(3) Failure to write and properly store medical records in accordance with the requirements set by the State Council's administrative department of health;
(4) Failure to make additional entries on the contents of the medical records of the resuscitation work in the prescribed period of time;
(5) Failure to seal, store and unseal the medical records and physical objects in accordance with the provisions of the Ordinance (vi) Failure to set up a medical service quality monitoring department or staffed with full-time (part-time) personnel;
(vii) Failure to formulate the relevant medical incident prevention and treatment plan;
(viii) Failure to report to the administrative department of health within the prescribed time to report the act of gross medical negligence;
(ix) Failure to report to the administrative department of health, in accordance with the provisions of these Regulations Medical malpractice;
(j) Failure to carry out autopsies and preserve and dispose of bodies in accordance with the provisions.
Article 57 The personnel participating in the technical appraisal of medical accidents in violation of the provisions of these Regulations, accepting the application for appraisal of both parties or one of the parties to the property or other benefits, issued a false technical appraisal of medical accidents, resulting in serious consequences, in accordance with the Criminal Law on the crime of accepting bribes, be held criminally liable according to law; not yet sufficient for criminal punishment, by the original licensing department revoke its practicing certificate or qualification certificate.
Article 58 of the medical institutions or other relevant institutions in violation of the provisions of these Regulations, one of the following circumstances, the administrative department of health shall order rectification, given a warning; on the responsible supervisors and other directly responsible personnel shall be given administrative or disciplinary action according to law; the circumstances are serious, by the original licensing department shall revoke its certificate of practice or qualification certificate:
(a) (i) Institutions undertaking the task of autopsy refuses to conduct an autopsy without justifiable reasons;
(ii) altering, falsifying, concealing or destroying medical record information.
Article 59: Anyone who, on the grounds of medical malpractice, provokes trouble, seizes medical record information and disrupts the normal medical order of a medical institution and the technical appraisal of medical malpractice shall be held criminally liable in accordance with the Criminal Law on the crime of disrupting the social order, and shall be punished by public security administration in accordance with the law if the criminal penalty is not yet sufficient.
Chapter VII Supplementary Provisions
Article 60 of the Regulations referred to in the medical institutions, refers to the provisions of the "Regulations on the Administration of Medical Institutions" to obtain the "license for the practice of medical institutions".
Institutions engaged in family planning technical services in cities at or above the county level that carry out clinical medical services related to family planning in accordance with the provisions of the Regulations on the Administration of Family Planning Technical Services, and accidents in family planning technical services that occur shall be handled in accordance with the relevant provisions of these Regulations; however, family planning technical service accidents occurring in institutions engaged in family planning technical services in cities at or above the county level that do not belong to medical institutions shall be handled by the administrative department of family planning. service accidents, the family planning administrative department shall exercise the functions of acceptance, appraisal and compensation mediation, which are assumed by the health administrative department in accordance with the relevant provisions of these Regulations, and shall refer them to the medical association responsible for the technical appraisal of medical accidents; and the institution in which a family planning technical service accident occurs and its relevant responsible personnel shall be dealt with in accordance with the law.
Article 61 of the illegal practice of medicine, resulting in personal injury to patients, not medical malpractice, a criminal offense, shall be investigated for criminal liability; the compensation, the victim directly to the people's court.
Article 62 of the military medical institutions of medical malpractice, by the People's Liberation Army health department in charge of the State Council, in conjunction with the State Council administrative department of health in accordance with these Regulations.
Article 63 These Regulations shall come into force on September 1, 2002, and the Measures for Handling Medical Accidents issued by the State Council on June 29, 1987 shall be repealed at the same time. Before the implementation of these regulations has been dealt with the case of medical malpractice disputes, will not be re-processed.