Jiangsu Province medical dispute prevention and handling regulations

Chapter I General Provisions Article 1 In order to effectively prevent and standardize the handling of medical disputes, to protect the patients, medical personnel and the legitimate rights and interests of medical institutions, maintain the normal medical order, and build a harmonious relationship between doctors and patients, according to the relevant laws and administrative regulations, combined with the actual situation in this province, the formulation of these regulations. Article 2 the administrative region of this province, the prevention and handling of medical disputes, the application of these regulations.

The medical disputes referred to in these regulations, refers to the diagnosis, treatment, care and other diagnostic and therapeutic activities caused by the doctor and patient disputes. Article 3 the prevention of medical disputes shall adhere to the comprehensive, systematic and integrated approach.

Medical disputes shall be handled in accordance with the principles of lawfulness, justice, timeliness and convenience. Article 4 local people's governments at or above the county level shall strengthen the leadership of medical dispute prevention and handling work, medical dispute prevention and handling work into the comprehensive management of social security and peace building assessment index system, supervise the relevant departments to perform their duties in accordance with the law, and coordinate and solve the major problems in the prevention and handling of medical disputes. Article 5 the local people's government at or above the county level health planning and administrative departments shall perform the supervision and management of medical institutions and their medical personnel practice behavior, supervise the medical institutions to improve the quality of medical services, medical safety, guidance, supervision of medical institutions to do a good job in the prevention and handling of medical disputes.

The public security organs of the local people's governments at or above the county level shall maintain law and order in medical establishments, strengthen the guidance and supervision of the internal security work of medical institutions, and promptly investigate and deal with criminal acts involving medicine.

Local people's governments at or above the county level, the judicial administrative department shall strengthen the guidance of people's mediation of medical disputes, and promote the standardization and specialization of people's mediation of medical disputes.

The food and drug administration department of the local people's government at or above the county level shall strengthen the supervision and management of the quality of medicines and medical devices, and do a good job of inspecting the quality of disputed medicines and medical devices in medical disputes, and deal with the relevant quality problems according to law.

Local people's governments at or above the county level of finance, civil affairs, letters and visits, and other departments in accordance with their respective responsibilities to do a good job in preventing and dealing with medical disputes.

Insurance regulatory bodies shall strengthen the supervision and management of medical liability insurance business. Article 6 health planning and other administrative departments, medical institutions and newspapers, radio, television, networks and other news media, shall strengthen medical and health management laws and regulations, popularize medical and health knowledge, guide the public to rational treatment of medical risks, and advocate civilization, harmony, mutual trust in the doctor-patient relationship.

The news media should comply with laws and regulations in reporting medical disputes, abide by professional ethics, objective and fair reporting, and correctly guide public opinion. Chapter II prevention of medical disputes Article 7 The local people's governments at or above the county level shall increase investment in medical and health care, improve the medical service system, optimize the allocation of medical resources, improve the medical service capacity, to provide the people with safe, effective and convenient medical services. Article 8 The administrative department of health planning shall establish a medical quality management assessment system, incentive mechanism and interview system, strengthen the supervision and inspection of medical quality management of medical institutions, timely investigation and handling of medical institutions and their medical staff of violations of the law.

Health planning and health administration shall supervise and guide medical institutions to establish and improve the early warning mechanism of medical disputes, doctor-patient consultation and communication mechanism. Article IX hospital associations, physician associations and other industry associations should strengthen industry self-discipline, promote medical ethics, to assist the health planning and administrative departments to carry out medical quality assessment, control work, guide and promote medical institutions and their medical staff to improve the level and quality of medical services. Article 10 medical institutions shall establish medical quality management and control work system, assess the implementation of the institution's medical quality management standards, analysis and feedback of medical quality information, early warning of medical quality problems and medical safety risks, the existence of problems in a timely manner to take effective interventions and assess the effect of the intervention, to promote the continuous improvement of medical quality.

Medical institutions should set up a special department of medical quality management or designate a full-time (part-time) personnel, responsible for the specific work of medical quality management.

Medical institutions shall establish and implement the responsibility for medical safety and fault accountability system. Article XI of the medical institutions shall implement drugs, medical services, price management regulations, the full implementation of price disclosure, cost settlement list system; the use of special drugs or medical equipment, should obtain the consent of the patient or his close relatives in advance, except for emergency needs. Article XII of the medical institutions shall establish and improve doctor-patient communication, complaint management system, clear consultation, complaint management department, set up a special place, equipped with full-time (part-time) staff, accept patients and their close relatives of the consultation and complaints, timely answers and deal with related issues. Article XIII of the medical institutions shall carry out medical and health management laws and regulations, as well as diagnostic and treatment standards, professional skills, doctor-patient communication skills training, and strengthen the education of professional ethics of medical personnel. Article XIV of the medical institutions and their medical personnel in the diagnosis and treatment activities, shall comply with the laws and regulations of medical and health care management and diagnosis and treatment standards, abide by the professional ethics of medical services, respect and equal treatment of patients, and comply with the following provisions:

(a) reasonable examination, rational use of medication, reasonable treatment.

(2) truthfully inform the patient's condition, medical measures, medical expenses, and timely answers to their inquiries; it is not appropriate to inform the patient, should be truthfully informed of their next of kin.

(3) the need to implement surgery, special tests, special treatment, should promptly explain to the patient medical risks, alternative medical programs and other circumstances, and obtain their written consent; it is not appropriate to explain to the patient, should be explained to the patient's next of kin, and obtain their written consent; due to emergency situations such as rescue of patients with life-threatening illnesses, can not be obtained from the patient or his next of kin, by the medical institution The person in charge or the authorized person in charge of the approval, can immediately implement the appropriate medical measures.

(D) in accordance with the provisions of the written medical records and properly stored; due to the rescue of patients in critical condition failed to write a medical record, the relevant medical personnel should be in the rescue within six hours after the end of the fact to make up, and indicate the time to make up, to make up for the record of the person.