What does major medical dispute mean?

Which situations are major medical disputes

1. Situations of major medical disputes

1. Cause death or severe disability of the patient, or damage to organs and tissues leading to serious functional impairment , if the number of visitors is more than the specified number, the mood will be more excited.

2. Although the patient has not died or been severely disabled, if the number of visitors at one time exceeds the prescribed number, the patient will be emotionally agitated.

3. Wearing mourning clothes, sitting quietly, kneeling, setting up mourning halls, burning paper money, placing wreaths, holding banners, posting big-character posters, blocking doors, blocking traffic, etc. are not allowed in or around medical institutions. Heeded the dissuasion and refused to follow legal procedures.

4. Refuse to move the body to the morgue after the death of the patient, despite persuasion to no avail; or store the body for longer than the prescribed time, and prevent relevant departments from handling it in accordance with regulations; or move the corpse from the morgue to a medical facility corpse.

5. Beating, smashing, robbing, and burning medical institutions, assassinating, besieging, beating, and intimidating hospital staff or restricting the personal freedom of medical staff.

6. It is suspected that professional medical troubles and social evil forces are involved.

7. Threaten to claim compensation by suicide, jumping off a building, self-immolation, etc.

8. Other behaviors that seriously violate the "Public Security Management Regulations" and seriously disrupt the normal diagnosis and treatment order.

2. How to prevent major medical disputes

There are three categories of major medical negligence: medical accidents that result in the death of a patient or may be grade two or above; those that cause personal injury to more than a specified number of people Consequences; other circumstances specified by the health administrative department at or above the provincial level. For major medical negligence, the parties' application procedures and parties' negotiation are not applicable (except for civil liability). The handling authority should be the health administrative authority and the court: it does not fall within the scope of coordination and handling by the parties (except for civil liability), and the parties' own negotiation is invalid. .

In a negotiated settlement between the parties, the medical side shall perform its reporting obligations within the specified period after settlement. If an appraisal is required, both parties shall jointly entrust an appraisal.

The appraisal fee shall be paid in advance and borne by both parties through negotiation. Before the dispute is resolved, the health administrative department has no responsibility to proactively handle it. For major medical negligence incidents, the doctor shall report within the prescribed time limit, and the health administrative department shall organize an investigation, and shall conduct a medical accident determination or transfer it to a medical association for appraisal, and the appraisal fees shall be borne by the doctor. It can be seen that allowing parties to coordinate and resolve matters other than civil liability for major medical negligence incidents by themselves negates the statutory responsibilities of the medical and health administrative departments and is contrary to the law. It does not apply to the procedures for parties to apply for resolution by the health administrative department. Although the party concerned can apply for handling based on this, the handling procedures for serious medical negligence should be applied after application.

If the party concerned applies for processing, the health administrative department shall first review it within the prescribed period and decide to accept it before making a decision or handing it over for appraisal. The appraisal fee shall be paid in advance by the applicant. If it does not constitute a medical accident, the applicant shall bear. It is true that if a major medical negligence incident occurs and the doctor violates reporting regulations, the patient can apply for processing. However, the procedures and the responsibilities, rights and obligations of each party are so different that it is difficult to understand. The only reason for the difference is that there is a dispute between the doctor and the patient and whether there is a dispute between the doctor and the patient, the doctor has fulfilled its reporting obligation. If a doctor breaks the law and fails to report it, his obligations are even less. Unreasonable.

Based on this, we believe that when the dispute applied for handling by the parties may involve serious medical negligence, the application handling procedure should not be followed. It does not fall within the scope of the application handling procedure. Reported acts of major medical negligence are also presumed to be medical accidents and require judgment or identification. This is the same as disputes between medical parties over acts of major medical negligence. It makes no sense to apply the application process because the medical institution does not report.

In general, both the hospital and the patient must uphold mutual understanding and a pragmatic attitude, and many doctor-patient disputes can be better resolved. But if a major medical dispute occurs, it will be difficult to mediate both responsibilities and interests. According to relevant regulations,

If a major medical dispute occurs between a patient and a hospital, it should be reported in time and strive to resolve it as quickly as possible. If it needs to be resolved through litigation, judicial appraisal will also be involved.