Regulations on the prevention and handling of medical disputes

Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of preventing and properly handling medical disputes, protecting the legitimate rights and interests of both doctors and patients, maintaining medical order and ensuring medical safety. Article 2 Medical disputes as mentioned in these Regulations refer to disputes caused by medical activities between doctors and patients. Article 3 The State establishes a medical quality and safety management system, deepens the reform of the medical and health system, standardizes diagnosis and treatment activities, improves medical services, improves medical quality, and prevents and reduces medical disputes.

In the diagnosis and treatment activities, both doctors and patients should respect each other, and safeguard their own rights and interests should abide by the provisions of relevant laws and regulations. Article 4 Medical disputes shall be handled in accordance with the principles of fairness, impartiality and timeliness, seeking truth from facts and handling according to law. Article 5 The people's governments at or above the county level shall strengthen the leadership and coordination of the prevention and handling of medical disputes, bring them into the comprehensive management system of social security, establish a division of labor and cooperation mechanism among departments, and urge departments to perform their duties according to law. Article 6 The competent department of health shall be responsible for guiding and supervising medical institutions in preventing and handling medical disputes, and guiding both doctors and patients to solve medical disputes according to law.

The judicial administrative department is responsible for guiding the people's mediation of medical disputes.

Public security organs maintain public order in medical institutions according to law, and investigate and deal with illegal and criminal acts that infringe on the legitimate rights and interests of patients and medical personnel and disrupt medical order according to law.

Finance, civil affairs, insurance supervision and management departments and institutions shall, in accordance with their respective responsibilities, do a good job in the prevention and handling of medical disputes. Article 7 The State shall establish and improve the medical risk sharing mechanism, give play to the role of the insurance mechanism in the third-party compensation and socialized sharing of medical risks in the handling of medical disputes, encourage medical institutions to participate in medical liability insurance, and encourage patients to participate in medical accident insurance. Eighth news media should strengthen the publicity of medical and health laws and regulations and medical and health common sense, and guide the public to treat medical risks rationally; Reporting medical disputes should abide by the provisions of relevant laws and regulations, abide by professional ethics, and be true, objective and fair. Chapter II Prevention of Medical Disputes Article 9 Medical institutions and their medical staff should take patients as the center, strengthen humanistic care, strictly abide by medical and health laws, regulations, rules and relevant norms and practices of diagnosis and treatment, and abide by professional ethics.

Medical institutions shall conduct medical and health laws, regulations, rules, relevant diagnosis and treatment norms and routine training for medical personnel, and strengthen professional ethics education. Article 10 A medical institution shall formulate and implement a medical quality and safety management system, set up a medical service quality monitoring department or equip full-time (part-time) staff, strengthen standardized management of diagnosis and treatment, nursing, pharmacy and inspection, optimize service processes and improve service level.

Medical institutions should strengthen the management of medical risks, improve the identification, evaluation and prevention and control measures of medical risks, regularly check the implementation of measures, and eliminate hidden dangers in time. Eleventh medical institutions should carry out medical technical services in accordance with the "Regulations on the Management of Clinical Application of Medical Technology" formulated by the health authorities in the State Council, so as to ensure the safety of clinical application and reduce medical risks; If new medical technology is adopted, technical evaluation and ethical review should be carried out to ensure safety, effectiveness and ethics. Twelfth medical institutions shall, in accordance with the provisions of relevant laws and regulations, strictly implement the acceptance and storage system of drugs, medical devices, disinfectants, blood, etc. Prohibit the use of substandard drugs, medical devices, disinfectants, blood, etc. No certificate or expired file. Thirteenth medical personnel in the diagnosis and treatment activities should explain the condition and medical measures to patients. If surgery is needed, or clinical trials and other special examinations and treatments that are dangerous and may have adverse consequences are carried out, medical personnel shall promptly explain the medical risks and alternative medical programs to patients and obtain their written consent; In the case that the patient is in a coma and can't make a decision on his own, or the condition is not suitable to be explained to the patient, he should explain it to the patient's close relatives and obtain his written consent.

If the opinions of patients or their close relatives cannot be obtained in an emergency, corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge. Fourteenth to carry out surgery, special examination, special treatment and other medical activities with high medical risks, medical institutions should prepare a response plan in advance to take the initiative to prevent sudden risks. Fifteenth medical institutions and their medical personnel shall fill in and properly keep the medical records in accordance with the provisions of the competent department of health in the State Council.

If the medical records are not filled in in time due to emergency rescue, the medical personnel shall make up the records according to the facts within 6 hours after the rescue, and make records.

No unit or individual may tamper with, forge, conceal, destroy or rob medical records. Article 16 Patients have the right to consult and copy their outpatient medical records, inpatient medical records, temperature sheets, doctor's orders, laboratory sheets (inspection reports), medical imaging examination materials, special examination consent forms, operation consent forms, operation and anesthesia records, pathological data, nursing records, medical expenses and other medical records as stipulated by the health authorities in the State Council.

If the patient requests to copy the medical records, the medical institution shall provide the copying service and affix the certification mark on the copied medical records. When copying medical records, patients or their close relatives should be present. Medical institutions may charge fees for copying medical records at the request of patients, and the charging standards shall be made public.

If the patient dies, his close relatives may consult and copy the medical records in accordance with the provisions of these regulations.