1. How long is the reporting time of major medical negligence?
In case of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours:
(1) A medical accident that leads to the death of the patient or may be above Grade II;
(2) Causing personal injury to three or more persons;
(3) Other circumstances stipulated by the health administrative department of the State Council and the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 12 18 of the Civil Code: If a patient is damaged in the process of diagnosis and treatment and a medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.
Article 1219 Medical personnel shall explain the patient's condition and medical measures in their medical treatment activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.
Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
Second, how to deal with major medical negligence?
Major medical negligence does not apply to the procedures of application and negotiation between the parties (except civil liability), and the handling organs should be health administrative organs and courts:
1, which is not within the scope of coordinated handling by the parties (except for civil liability), is invalid if the parties negotiate by themselves. If the two parties reach a settlement through consultation, the medical party shall perform the reporting obligation within 7 days after the settlement, and the required appraisal shall be entrusted by both parties. The appraisal fee shall be paid in advance and borne by both parties through consultation. Before the dispute is resolved, the health administrative department has no responsibility to take the initiative to deal with it. For major medical negligence, the doctor shall report it within 12 hours, and the health administrative department shall organize an investigation, and shall judge it as a medical accident or submit it to the medical association for appraisal, and the appraisal fee shall be borne by the doctor. It can be seen that allowing the parties to coordinate and solve matters other than the civil liability of major medical negligence incidents denies the legal responsibility of the medical and health administrative department and violates the legal provisions.
2, it does not apply to the parties to apply for the administrative department of health to solve the procedure. Although the parties concerned can apply for handling according to this, the handling procedure of major medical negligence should be applied after the application. If a party applies for handling, the administrative department of health shall first review it within 10 days, and then decide or hand it over for identification after deciding to accept it. The appraisal fee shall be paid in advance by the applicant, and shall be borne by the applicant if it does not constitute a medical accident. It is true that if the doctor violates the reporting regulations, the patient can apply for handling major medical negligence. However, it is hard to understand that its procedures are so different from the responsibilities, rights and obligations of all parties. The only reason for the difference is whether there is a doctor-patient dispute or not, and doctors have fulfilled their reporting obligations. Doctors have less obligation if they don't report violations of the law. On this basis, it doesn't make sense. We think that when a dispute applied for by a party may belong to serious medical negligence, it should not be handled according to the application processing procedure, which is beyond the scope of the application processing procedure. The reported major medical negligence, like medical malpractice, needs to be judged or identified, just like the dispute between medical parties about major medical negligence. Because medical institutions do not report, the application procedure is unreasonable.
3. The principle of litigation priority should also be applied, that is, the health administrative department will not deal with the problems that may be handled in the litigation or terminate the treatment. However, the exclusive administrative powers such as ordering doctors to take treatment measures and punishing violations of reporting obligations should still be fulfilled. Litigation has priority and is clearly applicable to the case where the parties apply for handling disputes. It seems that the administrative procedure initiated due to the report of major medical negligence should not be terminated. But this will inevitably lead to the same problem being identified by different state organs at the same time, which is inappropriate. On the other hand, the Medical Association expressly stipulates that the accident appraisal accepted by the court will not be accepted, which will inevitably lead to the fact that the health administrative department may not be able to handle it at all. We believe that the administrative handling procedures proposed in the report should be terminated, except for matters that are completely handled by the administrative authorities.
In our daily life, we may often wash our faces or act, but we don't know much about it. If there is serious medical negligence, it will have a very serious impact on people's health and safety, so the competent department of medical institutions must punish it. Therefore, major medical negligence should be reported within 12 hours.