Medical institutions which behavior is illegal, what is the administrative responsibility of medical malpractice

Medical institutions in violation of the provisions of the Treatment Regulations, one of the following circumstances, the administrative department of health shall order correction; the circumstances are serious, the competent person in charge and other directly responsible personnel shall be given administrative or disciplinary action in accordance with the law: (a) failure to truthfully inform the patient's condition, medical treatment measures and medical risks; (b) no justifiable reasons, refusing to provide patients with copying or copying information Services; (C) not in accordance with the requirements set forth by the State Council administrative department of health writing and proper storage of medical records; (D) not within the prescribed time to add the contents of the medical records of the rescue work; (E) not in accordance with the provisions of these Regulations, sealing, storage and unsealing of medical records and physical objects; (F) not set up a medical service quality monitoring department or staffed with full-time (part-time) staff; (G) not to formulate the relevant medical accidents Prevention and treatment plan; (h) failure to report major medical negligence to the health administrative department within the prescribed time; (i) failure to report medical accidents to the administrative department of health in accordance with the provisions of these Regulations; (j) failure to carry out and preserve and dispose of the body in accordance with the provisions. The Department (Bureau) of Health at all levels is the administrative authority for medical units at all levels, which not only determines the minimum qualification conditions for all types of medical units at all levels and for medical and nursing personnel and the rules and requirements that must be complied with after obtaining the qualification, but also possesses the right to investigate, conciliate, adjudicate and impose penalties after the occurrence of the incident. In the administrative legal relationship, the health department is the administrative subject, all levels of medical unit is the direct administrative relative, the patient in the medical dispute is the interested party, the administrative organs of the medical unit of the administrative management will inevitably have an impact on it and make it become an indirect relative. In practice, due to the fear of lawsuits and the economic considerations of litigation, patients and their families in the occurrence of medical disputes, often first to the competent health department (China's current medical appraisal committee located in which the medical department) complaints, requesting the investigation and appraisal. After investigation and appraisal, according to the nature of medical disputes and the size of the amount of financial compensation, the health administrative department can preside over mediation of disputes between doctors and patients, if the mediation fails, and then transferred to the judiciary in accordance with the law. At the same time in accordance with the "State Council Regulations on the Management of Medical Institutions" and "Medical Practitioners Law" to give the medical unit and the person directly responsible for the corresponding administrative penalties and administrative sanctions, it is mainly: 1, property penalties. Based on the medical disputes caused by illegal or unauthorized practice of medicine, the medical unit can be given a certain amount of fines, or confiscation of property (such as not up to the legal standard, can seriously affect the patient's safety and health of medical equipment, a variety of fake drugs and bad drugs, etc.). 2, behavioral penalties. In line with the provisions of Article 37 of the Medical Practitioners Law, the circumstances are more serious, or due to the serious management of hospitals and resulting in medical disputes, the health administrative organs may suspend or revoke the directly responsible person's "physician's professional certificate" or "nurse's professional certificate", suspension or revocation of the responsible health care unit's license to practise medicine. 3, the penalty of admonition. Based on the medical unit mismanagement caused by medical disputes, can be given a warning, notification of criticism or deadline for correction and other measures. For the responsibility of physicians in line with the provisions of Article 37 of the Medical Practitioners Law, the circumstances are less serious, can be given a warning or ordered to suspend the practice of medicine. 4, administrative sanctions. Directly responsible person or directly responsible for the competent person in charge of medical disputes, according to the size of the responsibility compared to the Interim Regulations of the State Civil Servants, given a warning, demerits, demerits, demotion, dismissal, expulsion and other administrative sanctions. Article 20 of the Handling Law provides that, for personnel directly responsible for causing a medical liability accident, the medical unit shall, in accordance with the level of the accident, the severity of the circumstances, the attitude of the person and his or her consistent performance, impose the following administrative penalties: first-degree medical accidents: a major demerit, demotion, demotion, dismissal, expulsion from probation, and dismissal; second-degree medical accidents: a demerit, a major demerit, a demotion, a demotion, and dismissal; and third-degree medical accidents: Warning, demerit, major demerit, demotion, demotion. Article 21 of the Law on the Treatment of Medical Accidents stipulates that, in the case of persons directly responsible for causing a medical technology accident, the medical unit shall order them to make a written examination and learn a lesson, and they may generally be exempted from administrative sanctions; in the case of serious cases, they shall also be given administrative sanctions as appropriate, in accordance with the provisions of article 20 of the Law. However, the administrative organ is by virtue of what kind of right to have independent legal person status of the personnel of the institution to carry out disciplinary action, which is open to question. Individual practice of medical personnel caused by medical accidents, by the local health administrative department according to the level of the accident, the circumstances, the attitude of the person, in addition to ordering their patients or their families a one-time financial compensation, but also can be sentenced to one year or less of suspension or revocation of its license to practice. Undeniably, China's current medical unit to bear administrative responsibility for not much, and mainly for individual practice of medicine, which is not high level of management of medical units, the frequent occurrence of medical disputes are inevitably linked. Whether it is criminal, civil, administrative liability, financial compensation is inevitable, and must be borne by the medical unit. However, most of China's hospitals are institutions, basically relying on the state financial allocations, low fees, basically no profit, there is no compensation specifically for medical malpractice. If the money out of the payment of financial compensation, will inevitably affect the hospital's equipment renewal, intellectual investment and the normal work of the hospital. This is a problem that needs to be solved urgently. It has been suggested that the establishment of a liability insurance system be adopted to solve the problem of the source of compensation costs. Specific law is, by the national health department and the insurance company signed a medical malpractice insurance contract, or specially set up a medical malpractice compensation committee, the compensation funds have three sources: First, each enterprise unit according to its total assets to pay a certain percentage of the cost; Second, the health sector in accordance with the total wages of the staff to pay a certain percentage of the cost (should not be too large); Third, from the national tax revenue to give a certain amount of subsidies. In medical malpractice handling, there are often a few patients or their family members who put forward excessive compensation demands on the pretext of medical malpractice and unreasonably blackmail the medical unit. Article 19 of the Medical Malpractice Act makes it clear that a patient who is disabled as a result of a medical malpractice does not need to continue to be hospitalized, and that if a woman dies with a live baby, her family will accept her discharge; if she has no family, her unit will accept her discharge. When a patient dies in a medical unit, the body shall be moved to the morgue immediately. The dead body storage time generally shall not exceed one week, overdue body, approved by the local health administrative department, and reported to the public security department for the record, by the medical unit to deal with; cremated ashes should be notified to the family to retrieve.