Article 1 in order to effectively prevent and deal with medical disputes, to protect the legitimate rights and interests of doctors and patients, maintain medical order, according to the "Regulations on the Treatment of Medical Accidents" and other relevant laws and regulations, combined with the actual situation in this province, the formulation of these measures.
Second the medical dispute referred to in these measures, refers to the dispute between the doctor and the patient parties due to medical behavior.
Article 3 of the administrative region of this province, the prevention and handling of medical disputes, the application of these measures.
The responsibility of medical accidents and compensation in accordance with the provisions of the "Regulations on the Treatment of Medical Accidents".
Article 4 of the prevention and handling of medical disputes, should adhere to the prevention-oriented, fair and reasonable, timely and convenient, according to the principle of handling.
Article 5 of the people's governments at or above the county level shall strengthen the leadership of the work of prevention and handling of medical disputes, supervise the relevant departments to fulfill their duties in accordance with the law, and coordinate and solve the major problems in the work of prevention and handling of medical disputes.
Article 6 of the people's governments at or above the county level shall strengthen the supervision and management of medical institutions and their medical personnel, supervise the medical institutions to improve the quality of medical services, to ensure the safety of medical care, medical dispute prevention and handling work.
Public security organs of the people's governments at or above the county level shall, in accordance with the law to maintain law and order in medical institutions, and strengthen the supervision and guidance of the internal security work of medical institutions, and timely investigation of violations of the provisions of public security management.
The judicial administrative departments of the people's governments at or above the county level shall strengthen the guidance of people's mediation of medical disputes.
Insurance supervision and management organization shall strengthen the supervision and management of medical liability insurance work.
Article 7 of the patient's unit and the patient's place of residence township people's government, street office, village (neighborhood) committee, shall cooperate in the handling of medical disputes.
Article VIII of the city, county (city) to set up the people's mediation committee of medical disputes (hereinafter referred to as medical mediation), the municipal districts in accordance with the actual need to set up a medical mediation committee, is responsible for the people's mediation work of medical disputes in the administrative area.
The staffing and management of the people's mediators of the medical mediation committees shall be prescribed by the people's governments of the cities and counties (cities and districts).
The Medical Council shall not charge fees for mediation of medical disputes, and its working expenses and the remuneration and allowances of the people's mediators shall be settled by the people's governments at the respective levels.
Article 9 city, county (city, district) people's governments may, according to the actual needs of medical dispute prevention and handling work in the administrative region, establish a medical liability insurance system or medical liability risk fund system.
Article 10 of the press, radio, television, websites and other news media should abide by professional ethics, in accordance with relevant laws and regulations, objective and fair reporting of medical disputes, and correctly guide public opinion.
Chapter II Prevention and Disposal
Article 11 of the medical institutions and their medical personnel in medical activities, should strictly abide by the laws, regulations, rules and diagnosis and care norms, routines, and abide by the professional ethics of medical services.
Article XII of the medical institutions and their medical personnel shall truthfully inform the patient's condition, medical measures, medical risks and other circumstances, and promptly answer the patient's inquiries; but may have adverse consequences for the patient's situation, can be informed of their close relatives.
The need to implement surgery, special tests, special treatment, experimental clinical care, medical institutions and their medical staff should obtain the written consent of the patient; can not or is not appropriate to explain to the patient, it should be explained to the patient's next of kin, and to obtain their written consent. Due to emergency situations such as rescue of patients with life-threatening illnesses, can not obtain the views of the patient or his close relatives, in accordance with the provisions of relevant laws and administrative regulations.
Article XIII of the medical institutions shall strengthen the medical staff of health care management laws, regulations, rules and diagnosis and care norms, routines, training and education of professional ethics in medical services, the establishment of a sound system of accountability for violations of law and regulations of the medical staff, medical quality monitoring and evaluation system, medical safety responsibility system.
Medical institutions should establish and improve the system of communication between doctors and patients, set up a reception place, equipped with full-time (part-time) staff, accept patients or their close relatives of the consultation and complaints, timely answers and deal with related issues.
Article XIV of the medical institutions shall develop emergency response plan for medical disputes, and report to the local health administrative departments and public security organs for the record.
Article XV of the patient shall comply with the rules and regulations of the medical institution, truthfully inform the medical staff and diagnostic and treatment activities related to the condition, medical history and so on, and cooperate with the medical staff to carry out the necessary examination, treatment and care. Patients have objections to the medical behavior, should express their views and requirements through legal channels.
Article 16 of the provincial health administrative department shall establish and improve the major medical dispute reporting system. Medical institutions shall fulfill their reporting obligations in accordance with the provisions of the reporting system, and shall not conceal, delay or falsely report.
Article 17 after the occurrence of medical disputes, medical institutions shall, in accordance with the actual situation of medical disputes, take the following measures to deal with the corresponding measures:
(1) inform the patient or his close relatives about the specific methods and procedures for the disposal of medical disputes; the patient or his close relatives requesting the consultation, should be informed of the consultation of the patient or his close relatives shall be informed of the election of no more than three representatives to participate in the consultation.
(2) the dispute on the medical behavior of the organization of expert consultation or discussion, and consultation or discussion of the views of the patient or his next of kin to inform the patient.
(C) with the patient or his close relatives **** with the scene of the physical and related medical records are sealed and unsealed.
(d) the patient died in a medical institution, according to the provisions of the body will be moved to the funeral parlor; the next of kin of the deceased have objections to the cause of death, according to the provisions of the autopsy.
(E) medical disputes affecting the normal order of medical work, timely reporting to the local public security organs.
(F) cooperate with the health administrative departments, public security organs, medical investigation and other departments and organizations to do a good job of investigation and evidence collection.
Disposal of medical disputes require immediate activation of the emergency response plan, should be in accordance with the provisions of the plan to take appropriate measures to prevent the expansion of the situation.
Article 18 of the health administrative department receives a report of medical disputes, shall order the medical institutions to take immediate and effective measures, if necessary, sent to the scene to guide, coordinate the work of disposal, and guide the two parties to properly resolve the medical disputes in accordance with the law.
Article 19 of the public security organs received medical disputes, the police shall immediately organize police rushed to the scene, to dissuade the two sides of the over-excited behavior; to dissuade the ineffective, shall be stopped in accordance with the law to control the expansion of the situation, and to maintain the normal order of the medical work; in the medical institution, the corpse, the funeral, the public security organs shall be ordered to stop the illegal behavior, and shall be dealt with in accordance with the law.
Article 20 of the medical dispute, the two parties can negotiate their own settlement, or to the medical institution where the medical mediation will apply for mediation; unwilling to negotiate, mediation, or consultation, mediation fails, you can apply to the administrative department of health administrative treatment of medical disputes, or to the people's court litigation.
Medical dispute claims amounting to more than 10,000 yuan, the public medical institutions shall not be negotiated and handled on their own.
The two parties apply for medical mediation, the claim amount of 100,000 yuan or more, shall first **** with the commissioned technical appraisal of medical accidents, clear responsibility.
Article 21 of the medical disputes caused by adverse drug reactions or adverse events of medical devices, medical institutions should be based on the conclusion of the appraisal to the injured party to pay compensation. Specific compensation by the provincial food and drug supervision and management department in conjunction with the provincial financial, health and civil affairs departments.
Medical institutions to pay compensation costs, can be recovered from the production of drugs or medical devices, operators.
Chapter III Mediation
Article 22 of the medical mediation will undertake the following duties:
(1) mediate medical disputes;
(2) through mediation, publicize the relevant laws, rules, regulations and medical knowledge;
(3) report to the health, judicial and administrative departments of the medical dispute and mediation;
(d) analyze the causes of medical disputes, medical disputes to medical institutions to put forward preventive advice and recommendations;
(e) provide consulting services related to mediation of medical disputes;
(f) people's governments at or above the county level of the other duties prescribed.
Article 23 of the people's mediators of the medical mediation committee shall be fair and of good character, with medical and legal expertise and mediation experience, and enthusiastic about people's mediation work.
Article 24 of the Medical Council shall establish a pool of experts in medicine, pharmacy and law to provide technical advice on the investigation, assessment and mediation of medical disputes.
Article 25 of the medical mediation of the parties to the medical dispute mediation application, meet the conditions of acceptance, shall be accepted within three working days; does not meet the conditions of acceptance, inadmissible, notify the parties in writing and explain the reasons.
After accepting the application for mediation, the Medical Council shall inform the parties of their rights and obligations in mediation activities.
Article 26 of the medical dispute mediation application in one of the following circumstances, the medical mediator will not be accepted; has been accepted, the termination of mediation:
(a) a party has filed a lawsuit to the people's court;
(b) a party has been to the administrative department of health to apply to the administrative treatment of medical malpractice disputes;
(c) a party refuses to (C) a party refused to mediate the medical mediation council;
(D) has been mediated by the medical mediation council did not reach a mediation agreement, a party to apply for mediation again;
(E) illegal practice of medicine caused by the dispute.
Termination of mediation, shall notify the parties in writing and explain the reasons.
Article 27 of the medical mediation committee accepts the application for mediation of medical disputes, shall designate a people's mediator for mediation, and may designate a number of people's mediators to participate in the mediation according to the needs of the people's mediators; the parties to the people's mediator to make a request for disqualification, it shall be replaced.
The parties may appoint lawyers and other agents to participate in mediation activities, the principal shall submit a power of attorney to the medical mediator.
Article 28 of the Medical Council shall, within seven working days from the date of acceptance of the application for mediation of medical disputes, respectively, to the two parties to understand the relevant facts and circumstances, and according to the request of the parties to the organization of the investigation, verification and assessment.
In the process of mediation of medical disputes, the people's mediator needs to check the medical record information, to the relevant experts and personnel consultation or inquiry, the relevant units and personnel shall give cooperation.
Article 29 of the mediation of medical disputes, shall produce a mediation agreement. Mediation agreement signed by both parties, stamped or fingerprinted, signed by the mediator and stamped with the seal of the medical mediation will come into effect.
The mediation agreement reached in accordance with the law, the parties shall consciously fulfill.
Article 30 of the Medical Council shall accept the application for mediation within 30 working days from the date of mediation. Due to special circumstances require an extension of the mediation period, the mediation council and the parties can agree to extend the period; more than the agreed period of time has not reached a mediation agreement, as mediation is not.
Chapter IV Medical Liability Insurance and Medical Liability Risk Management
Article 31 of the implementation of the medical liability insurance system of cities, counties (cities and districts) of the public medical institutions, should be in accordance with the relevant provisions of the state and the province to participate in the medical liability insurance, non-public health care institutions can voluntarily participate in medical liability insurance.
Encouragement of medical institutions to underwrite medical liability insurance insurance insurance agencies to insure all types of insurance involving public liability.
Article 32 of the insurance agency to underwrite medical liability insurance shall follow the principle of capital preservation and micro-benefit, reasonable insurance rate, and according to different medical institutions in the past years of medical disputes compensation to implement the rate fluctuation system.
Article 33 of the medical institutions participating in medical liability insurance, its medical liability insurance premium expenses, from the medical institutions in the business expenses, according to the provisions of the medical cost.
Article 34 after the occurrence of medical disputes, the need for insurance claims, the medical institution shall truthfully provide the insurance agency the relevant circumstances of the medical dispute. The insurance organization shall promptly participate in the handling of medical disputes, and in accordance with the agreement of the medical liability insurance contract to assume the responsibility of compensation insurance.
The insurance agency shall take the agreement reached between the two parties, the agreement reached by the medical mediation committee, and the effective mediation or judgment made by the people's court as the basis for medical liability insurance claims, and make compensation in a timely manner.
Article 35 of the implementation of the medical liability risk fund system of cities, counties (cities, districts) of the public medical institutions, shall be in accordance with the provisions of the people's government at this level to pay the medical liability risk fund, non-public medical institutions can voluntarily pay the medical liability risk fund.
The medical liability risk fund system referred to in the preceding paragraph, refers to a number of medical institutions in accordance with a certain proportion of funds, the implementation of unified management, co-ordinated use, in order to spread the risk of medical liability of medical institutions, to ensure that patients suffering from medical damage due to the establishment of timely compensation for the mutual **** relief system.
Article 36 of the medical liability risk fund in accordance with the principle of expenditure on income, balance of payments, protection of moderate, the implementation of the special account storage, earmarked for special purposes.
Medical institutions to pay the risk of medical liability, from the medical institutions in the operational expenses, included in the cost of medical institutions.
After the occurrence of medical disputes, the need to pay compensation for medical liability, medical liability risk fund management organization should be negotiated between the two parties to reach an agreement, the medical mediation council mediation agreement, the people's court made the effective conciliation or judgment, as the basis for the payment of compensation, and be paid in a timely manner.
Article 37 of the medical risk liability payment, use and management of specific measures, by the establishment of the medical risk liability system of the city, county (city, district) people's government regulations.
Chapter V Legal Liability
Article 38 of the medical institutions and their medical staff have one of the following behaviors, the administrative department of health shall order correction; if the circumstances are serious, the supervisors and other directly responsible personnel shall be given sanctions according to the law:
(1) violation of the administrative rules and regulations of health or the technical specifications for operation;
(2) Due to irresponsible delay in the rescue and diagnosis and treatment of patients in acute and critical condition;
(3) Concealment, forgery or unauthorized destruction of medical documents and related information;
(4) Failure to inform the patient's condition, medical treatment measures and medical risks in accordance with the provisions of;
(5) Failure to follow the provisions of the consent of the patient or his close relatives to carry out surgery, special examination, special treatment, experimental clinical medical treatment;
(F) failure to formulate the relevant medical dispute emergency response plan;
(G) failure to follow the provisions of the local health administrative department to report major medical disputes;
(H) other acts that should be given sanctions in accordance with the law.
Article 39 The public security organs shall deal with any of the following behaviors of patients or their close relatives and related persons:
(1) Occupying the place of treatment or office, or pulling banners, setting up mourning halls or posting slogans in the place of treatment or office, or refusing to move the body to the funeral parlor, etc., which disrupts the normal order of the medical institution;
(2) Obstructing the practice of medicine according to law, insulting or slandering the physician, or refusing to move the corpse to a funeral home. (B) obstructing physicians practicing law, insulting, slandering, threatening, assaulting medical personnel, or violating the personal freedom of medical personnel, interfering with the normal life of medical personnel;
(C) seizing or destroying the facilities and equipment of the medical institution, or medical records, archives and other important information;
(D) other acts that should be dealt with according to law.
Article 40 of the medical mediation council and its people's mediators in the mediation of medical disputes, serious dereliction of duty or violation of law and discipline, by the competent authorities shall be dealt with according to law.
Article 41 of the people's governments at or above the county level, health, judicial administration, public security departments and insurance supervision and management agencies and their staff in the prevention and handling of medical disputes, in violation of the provisions of these Measures, dereliction of duty, abuse of power, favoritism and malpractice, by the competent authorities of the competent persons in charge of the responsibility and the other persons directly responsible for the punishment given by law.
Article 42 violation of the provisions of these Measures, constitutes a crime, shall be investigated for criminal responsibility.
Chapter VI Supplementary Provisions
Article 43 of these measures shall come into force on March 1, 2010 .