Full text of Zhejiang Province’s Measures for the Prevention and Resolution of Medical Disputes

The "Measures for the Prevention and Resolution of Medical Disputes in Zhejiang Province" have been reviewed and approved at the 46th Executive Meeting of the Provincial People's Government and are hereby announced and will come into effect on March 1, 2010. Below is the full text of Zhejiang Province’s measures for preventing and handling medical disputes that I have carefully compiled for your reference only.

Chapter 1 General Provisions

Article 1 In order to effectively prevent and handle medical disputes, protect the legitimate rights and interests of both doctors and patients, and maintain medical order, in accordance with the "Medical Accident Handling Regulations" and These measures are formulated in accordance with the provisions of other relevant laws and regulations and in light of the actual conditions of the province.

Article 2: Medical disputes as mentioned in these Measures refer to disputes between doctors and patients arising from medical practices.

Article 3 The prevention and handling of medical disputes within the administrative region of this province shall apply to these measures.

The determination of liability and compensation for medical accidents shall be carried out in accordance with the provisions of the "Regulations on the Handling of Medical Accidents".

Article 4 The prevention and handling of medical disputes should adhere to the principles of prevention first, fairness and reasonableness, timely convenience for the people, and handling according to law.

Article 5 People’s governments at or above the county level shall strengthen leadership over the prevention and settlement of medical disputes, urge relevant departments to perform their duties in accordance with the law, and coordinate and resolve major issues in the prevention and settlement of medical disputes.

Article 6 The health administrative departments of the people’s governments at or above the county level shall strengthen the supervision and management of medical institutions and their medical personnel in accordance with the law, urge medical institutions to improve the quality of medical services, ensure medical safety, and prevent and prevent medical disputes. Processing work.

The public security organs of the people's governments at or above the county level shall maintain the public security order of medical institutions in accordance with the law, strengthen supervision and guidance of internal security and security work in medical institutions, and promptly investigate and deal with violations of public security management regulations.

The judicial administrative departments of people’s governments at or above the county level should strengthen guidance on people’s mediation of medical disputes.

Insurance regulatory agencies should strengthen the supervision and management of medical liability insurance in accordance with the law.

Article 7 The patient’s unit and the township people’s government, sub-district office, and village (resident) committee where the patient lives should cooperate in the settlement of medical disputes.

Article 8 Cities and counties (cities) shall establish people’s mediation committees for medical disputes (hereinafter referred to as medical dispute mediation committees), and municipal districts shall establish medical mediation committees based on actual needs to be responsible for the people’s mediation of medical disputes within their respective administrative regions. Work.

The staffing and management of people's mediators in medical mediation committees shall be stipulated by the municipal and county (city, district) people's governments.

Medical mediator committees are not allowed to charge fees for mediating medical disputes, and their working expenses and remuneration subsidies for people's mediators shall be settled by the people's government at the same level.

Article 9 The municipal and county (city, district) people's governments may establish a medical liability insurance system or a medical liability risk fund system based on the actual needs of the prevention and settlement of medical disputes in their respective administrative regions.

Article 10 News media such as newspapers, radio, television, and websites shall abide by professional ethics, report medical disputes objectively and fairly in accordance with relevant laws and regulations, and correctly guide public opinion.

Chapter 2 Prevention and Treatment

Article 11 Medical institutions and their medical staff shall strictly abide by medical and health management laws, regulations, rules and diagnosis, treatment and nursing standards during medical activities. , routine, and abide by the professional ethics of medical services.

Article 12 Medical institutions and their medical staff should truthfully inform patients of the patient’s condition, medical measures, medical risks, etc., and respond to patients’ inquiries in a timely manner; however, situations that may have adverse consequences for the patient , can inform their close relatives.

If surgery, special examination, special treatment, or experimental clinical treatment is required, the medical institution and its medical staff should obtain the patient’s written consent; if it is impossible or inappropriate to explain it to the patient, the medical institution and its medical staff should inform the patient’s close relatives. explanation and obtain their written consent. If it is impossible to obtain the opinions of the patient or his close relatives due to emergencies such as rescuing a life-threatening patient, the provisions of relevant laws and administrative regulations shall be followed.

Article 13 Medical institutions shall strengthen the education of medical personnel on medical and health management laws, regulations, rules, diagnosis, treatment and nursing standards, routine training and professional ethics of medical services, and establish and improve the accountability system for medical personnel's violations of laws and regulations. , medical quality monitoring and evaluation system, and medical safety responsibility system.

Medical institutions should establish and improve a communication system between doctors and patients, set up reception areas, and staff full-time (part-time) personnel to accept consultations and complaints from patients or their close relatives, and answer and handle relevant issues in a timely manner.

Article 14 Medical institutions shall formulate emergency response plans for medical disputes and submit them to the local health administrative department and public security agency for filing.

Article 15 Patients should abide by the rules and regulations of the medical institution, truthfully inform medical staff of their condition, medical history and other information related to diagnosis and treatment activities, and cooperate with medical staff in necessary examinations, treatment and care. If patients have objections to medical practices, they should express their opinions and requirements through legal channels.

Article 16 The provincial health administrative department shall establish and improve a reporting system for major medical disputes. Medical institutions shall perform their reporting obligations in accordance with the provisions of the reporting system and shall not conceal, delay or make false reports.

Article 17 After a medical dispute occurs, the medical institution shall take the following corresponding measures to deal with it based on the actual situation of the medical dispute:

(1) Inform the patient or his close relatives of the relevant matters Specific methods and procedures for handling medical disputes; if patients or their close relatives request consultation, they should be informed to recommend no more than three representatives to participate in the consultation.

(2) Organize expert consultation or discussion on the disputed medical behavior, and inform the patient or his close relatives of the opinions of the consultation or discussion.

(3) Work together with the patient or his close relatives to seal and unseal the on-site physical objects and relevant medical records.

(4) If the patient dies in a medical institution, the body shall be moved to the funeral parlor according to regulations; if the close relatives of the deceased have objections to the cause of death, an autopsy shall be conducted according to regulations.

(5) If a medical dispute affects the normal order of medical work, promptly report to the local public security organ.

(6) Cooperate with the health administration department, public security organs, medical investigation committee and other departments and institutions to carry out investigation and evidence collection.

If an emergency response plan needs to be launched immediately to deal with a medical dispute, corresponding measures should be taken in accordance with the provisions of the plan to prevent the situation from expanding.

Article 18 After receiving a report of a medical dispute, the health administrative department shall order the medical institution to take effective measures immediately, send personnel to the scene to guide and coordinate the handling work when necessary, and guide both parties to properly resolve the medical dispute in accordance with the law. .

Article 19: After receiving public security information about a medical dispute, the public security organ shall immediately organize police forces to rush to the scene to discourage the excessive behavior of both parties; if the dissuasion is ineffective, it shall be stopped in accordance with the law, control the expansion of the situation, and safeguard the Normal medical work order; for morgues or funerals in medical institutions, if dissuasion fails, the public security organs shall order them to stop the illegal behavior and deal with them in accordance with the law.

Article 20 After a medical dispute occurs, the two parties may resolve it through negotiation on their own, or they may apply for mediation to the medical conference where the medical institution is located; if they are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to the medical conference where the medical institution is located. The health administrative department applies for administrative settlement of medical malpractice disputes, or files a lawsuit with the People's Court.

If the claim amount for a medical dispute exceeds RMB 10,000, public medical institutions are not allowed to negotiate on their own.

If both parties apply for mediation by the Medical Research Council and the claim amount exceeds 100,000 yuan, they should first jointly entrust a technical appraisal of the medical accident to clarify the responsibilities.

Article 21 For medical disputes caused by adverse drug reactions or medical device adverse events, the medical institution shall pay compensation to the injured party based on the appraisal conclusion. Specific compensation measures shall be formulated by the provincial food and drug supervision and administration department in conjunction with the provincial finance, health, and civil affairs departments.

After medical institutions pay compensation fees, they may recover compensation from the manufacturers and operators of drugs or medical devices in accordance with the law.

Chapter 3 Mediation

Article 22 The Medical Mediation Committee shall bear the following responsibilities:

(1) Mediation of medical disputes;

< p> (2) Promote relevant laws, regulations, rules and medical knowledge through mediation work;

(3) Report the status of medical disputes and mediation work to health, judicial administration and other departments;

(4) Analyze the causes of medical disputes and provide medical institutions with opinions and suggestions on the prevention of medical disputes;

(5) Provide consulting services on medical dispute mediation;

(6) Other duties prescribed by the people's government at or above the county level.

Article 23 The people’s mediators of the medical mediation committee shall be fair, have good conduct, have medical and legal professional knowledge and mediation work experience, and be enthusiastic about people’s mediation work.

Article 24 The Medical Investigation Committee shall establish an expert database composed of relevant medical, pharmaceutical and legal experts to provide technical consultation for the investigation, evaluation and mediation of medical disputes.

Article 25 If the application for medical dispute mediation submitted by the medical mediation committee meets the acceptance conditions, it shall be accepted within 3 working days; if the application does not meet the acceptance conditions, it shall not be accepted. Notify the parties concerned and explain the reasons.

After accepting the mediation application, the Medical Mediation Commission shall inform both parties of their rights and obligations in the mediation activities.

Article 26 If an application for medical dispute mediation falls under any of the following circumstances, the Medical Mediation Commission will not accept it; if it has been accepted, the mediation will be terminated:

(1) One party has File a lawsuit with the People's Court;

(2) One party has applied to the health administrative department for administrative handling of medical malpractice disputes;

(3) One party refuses mediation by the Medical Research Council ;

(4) After mediation by the Medical Association, a mediation agreement has not been reached, and one party applies for mediation again;

(5) Disputes caused by illegal medical practice.

If mediation is terminated, the parties shall be notified in writing and the reasons shall be stated.

Article 27 After the medical mediation committee accepts an application for medical dispute mediation, it shall designate one people's mediator as the mediation moderator, and may designate several people's mediators to participate in the mediation as needed; the parties concerned shall If the mediator makes a request to withdraw, he shall be replaced.

Both parties may entrust lawyers and other agents to participate in mediation activities, and the client shall submit a power of attorney to the Medical Mediation Commission.

Article 28 The Medical Mediation Committee shall, within 7 working days from the date of accepting the application for medical dispute mediation, learn about the relevant facts and circumstances from both parties, and organize investigations and investigations according to the requirements of the parties. Verify and evaluate.

During the mediation process of medical disputes, if the people's mediator needs to consult medical records, consult or inquire with relevant experts and personnel, relevant units and personnel should cooperate.

Article 29: For medical disputes resolved through mediation, a mediation agreement shall be prepared. The mediation agreement shall be signed, stamped or fingerprinted by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the Medical Mediation Association.

Both parties shall conscientiously perform the mediation agreement reached in accordance with the law.

Article 30 The medical mediation committee shall conclude the mediation within 30 working days from the date of accepting the mediation application. If the mediation period needs to be extended due to special circumstances, the medical mediation committee and both parties may agree on an extended period; if a mediation agreement is not reached after the agreed period, the mediation will be deemed to have failed.

Chapter 4 Medical Liability Insurance and Medical Liability Risk Fund Management

Article 31 Public medical institutions in cities and counties (cities, districts) that implement the medical liability insurance system, Medical liability insurance should be purchased in accordance with relevant national and provincial regulations. Non-public medical institutions can voluntarily participate in medical liability insurance.

Medical institutions are encouraged to purchase various types of insurance involving public liability from insurance institutions that underwrite medical liability insurance.

Article 32 Insurance institutions that underwrite medical liability insurance shall follow the principle of capital preservation and small profits, reasonably determine insurance premiums, and implement a floating premium rate system based on the medical dispute compensation situations of different medical institutions over the years.

Article 33 For medical institutions that participate in medical liability insurance, their medical liability insurance premiums shall be deducted from the business expenses of the medical institution and included in the medical costs according to regulations.

Article 34: If insurance claims are required after a medical dispute occurs, the medical institution shall truthfully provide the relevant information of the medical dispute to the insurance institution. Insurance institutions should participate in the settlement of medical disputes in a timely manner and assume liability for insurance compensation in accordance with the provisions of the medical liability insurance contract.

Insurance institutions shall use the agreement reached through negotiation between the two parties, the agreement reached through mediation by the Medical Regulation Commission, and the effective mediation letter or judgment issued by the people's court as the basis for medical liability insurance claims and provide compensation in a timely manner.

Article 35 Public medical institutions in cities and counties (cities, districts) that implement the medical liability risk fund system shall pay medical liability risk funds in accordance with the regulations of the people's government at the same level. Non-public medical institutions You can voluntarily pay medical liability risk premiums.

The so-called medical liability risk fund system in the preceding paragraph refers to funds paid by multiple medical institutions according to a certain proportion for unified management and coordinated use, in order to disperse the medical liability risks of medical institutions and protect against losses caused by A mutual aid financial system established to provide patients with medical injuries with timely compensation.

Article 36 Medical liability risk funds shall be stored in a special account and earmarked for special use in accordance with the principles of revenue determined by expenditure, balance of revenue and expenditure, and appropriate protection.

The medical liability risk premium paid by a medical institution shall be deducted from the business expenses of the medical institution and included in the cost of the medical institution.

After a medical dispute occurs and it is necessary to pay medical liability compensation, the medical liability risk fund management agency shall submit the agreement reached through negotiation between the two parties, the agreement reached through mediation by the Medical Regulation Commission, and the effective mediation made by the People's Court. The written notice or judgment shall be used as the basis for payment of compensation and shall be paid promptly.

Article 37 The specific methods for the payment, use and management of medical risk liability funds shall be stipulated by the municipal and county (city, district) people's governments that establish the medical risk liability fund system.

Chapter 5 Legal Responsibilities

Article 38 If a medical institution and its medical staff commit any of the following acts, they shall be ordered to make corrections by the health administrative department; if the circumstances are serious, the responsible party shall be held liable. The responsible person in charge and other directly responsible personnel shall be punished in accordance with the law:

(1) Violation of health administrative rules and regulations or technical operating specifications;

(2) Due to irresponsible delay Rescue and diagnosis and treatment of emergency patients;

(3) Concealing, forging or destroying medical documents and related materials without authorization;

(4) Failure to inform patients of their condition, medical treatment in accordance with regulations Measures and medical risks;

(5) Surgery, special examination, special treatment, or experimental clinical treatment without the consent of the patient or his close relatives in accordance with regulations;

(6 ) Failure to formulate emergency response plans for medical disputes;

(7) Failure to report major medical disputes to the local health administrative department in accordance with regulations;

(8) Other sanctions that should be imposed in accordance with the law behavior.

Article 39: If a patient or his close relatives or related personnel commits any of the following acts, the public security organs will handle it in accordance with the law:

(1) Occupying diagnosis and treatment or office space, Or display banners, set up mourning halls, put up slogans in diagnosis and treatment or office spaces, or refuse to move corpses to funeral parlors, etc., disrupting the normal order of medical institutions;

(2) Obstructing doctors from practicing in accordance with the law, insulting and slandering , threatening or beating medical staff, or infringing on the personal freedom of medical staff or interfering with the normal life of medical staff;

(3) Robbing or destroying facilities and equipment of medical institutions or important information such as medical records and files; < /p>

(4) Other behaviors that should be dealt with according to law.

Article 40 If the medical mediation committee and its people's mediators seriously neglect their duties or violate laws and disciplines during the mediation of medical disputes, they shall be dealt with by the competent authorities in accordance with the law.

Article 41 The health, judicial administration, public security and other departments of the people's governments at or above the county level and the insurance regulatory agencies and their staff violate the provisions of these Measures and neglect their duties in the prevention and handling of medical disputes. , Abuse of authority or engage in favoritism, the responsible person in charge and other directly responsible personnel shall be punished by the competent authority in accordance with the law.

Article 42 If any violation of the provisions of these Measures constitutes a crime, criminal liability shall be investigated in accordance with the law.

Chapter 6 Supplementary Provisions

Article 43 These Measures shall come into effect on March 1, 2010.