Medical dispute case handling process
Patients or family members who find or believe that hospital diagnosis and treatment are improper or negligent can generally be handled according to the following procedures:
Generally speaking, the main ways to retain evidence for medical disputes are: copying medical records, sealing medical records, sealing physical objects, conducting autopsies, and administrative reports.
1. Copy medical records
Patients have the right to consult and copy their outpatient medical records, hospitalization records, body temperature slips, medical orders, laboratory test forms (inspection reports), medical imaging examination materials, special examination consents, surgical consents, surgical and anesthesia records, pathological data, nursing records, medical expenses, and other materials belonging to medical records stipulated by the competent health department under the State Council.
2. Seal medical records
In the event of a medical dispute that requires the sealing or unsealing of medical records, it shall be carried out in the presence of both the doctor and the patient. The sealed medical records can be original or copy and kept by a medical institution.
If the medical records have not been completed and need to be sealed, the completed medical records shall be sealed first; after the completion of the medical records in accordance with the regulations, the subsequent completed parts shall be sealed. Medical institutions shall make a sealed list of sealed medical records, which shall be signed or sealed by both doctors and patients, and one copy shall be held by each.
3. Seal the physical object
Where it is suspected that infusion, blood transfusion, injection, medication, etc. cause adverse consequences, both doctors and patients shall jointly seal and unseal the on-site physical objects, and the sealed on-site physical objects shall be kept by the medical institution.
4. Conduct an autopsy
Where the patient dies, and both the doctor and the patient have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death; where conditions for cryopreservation of the body are met, it may be extended to 7 days.
The autopsy may be entrusted to a third party and carried out by institutions and professional technicians who have obtained the corresponding qualifications.
5. Administrative report
In the event of a major medical dispute causing serious injury or death, or if it is believed that the hospital's diagnosis and treatment behavior is intentional or grossly negligent and constitutes a medical accident, the family may report the case to the local police station or to the health commission at or above the county level where the hospital is located.
Patients or family members may submit the copied medical records to a professional third-party institution to assess and appraise whether there is medical damage and the degree of damage, whether there is medical fault, whether there is a causal relationship between medical fault and medical damage, and the degree of liability of medical fault in medical damage, so as to decide whether to claim compensation for losses from the hospital.
Usually, dispute resolution methods include: consultation between the two parties, application for people's mediation, application for administrative mediation, litigation resolution, etc.
1. Consultation between the two sides
Both doctors and patients may resolve medical disputes through self-consultation, and the settlement of medical disputes through consultation shall adhere to the principles of voluntariness, legality and equality, respect the rights of the parties, and respect objective facts. Both doctors and patients shall express their opinions and demands in a civilized and rational manner, and must not violate the law.
2. Apply for people's mediation
Both doctors and patients may apply in writing or orally to the people's mediation committee for medical disputes at the county level where the medical dispute occurred, and the people's mediation committee for medical disputes shall complete mediation within 30 working days from the date of acceptance, and if no mediation agreement is reached beyond the mediation period, mediation is deemed to have failed.
3. Apply for administrative mediation
Both doctors and patients may apply in writing or orally to the county-level health commission at the place where the medical dispute occurred for people's mediation, and the health commission shall complete the mediation within 30 working days from the date of acceptance, and if no mediation agreement is reached beyond the mediation period, mediation is deemed to have failed.
4. Litigation resolution
Patients or family members who fail to negotiate or mediate may raise a lawsuit with the people's court in accordance with law, and may also directly file a lawsuit with the people's court without consultation or mediation. The basic procedures for litigation include: filing a case, hearing, appraisal, hearing, collecting conclusions, issuing opinions, completing the hearing, and receiving judgments.
(1) Filing a case
Submit the prepared civil complaints, evidence, identification certificates of the parties, entrustment materials, etc. to the court for litigation.
(2) Hearings
Participate in court hearings, clarify litigation claims to the court, state facts and reasons, present evidence for cross-examination, and apply for appraisal.
(3) Entrusted appraisal
Through the court entrusting a qualified appraisal institution to evaluate whether there is medical damage and the degree of damage, whether there is medical fault, whether there is a causal relationship between medical fault and medical damage, and the degree of liability of medical fault in medical damage, etc., to provide a professional basis for court judgments.
(4) Appraisal hearing
Participate in hearings organized by appraisal bodies, issue stated opinions, and provide theoretical basis for appraisal bodies to issue appraisal conclusions.
(5) Judgment and appraisal conclusions
Review the appraisal conclusions issued by the appraisal institution, and if there are obvious problems, the appraiser may be required to appear in court for questioning or apply for re-appraisal.
(6) The hearing will be held again
Both doctors and patients express opinions on the appraisal conclusions, question the appraiser or apply for an expert assistant to appear in court to assist in the litigation.
(7) Complete the trial procedures
Conduct court arguments, make final statements, and participate in court mediation.
(8) Collection of judgment
Go to the court to collect or receive the civil judgment served by the court by mail.
The above is the medical dispute case handling process, I hope it can be helpful to you.
Wang Ting's lawyer
Bachelor of Laws from Chinese Min Public Security University
Chinese min University, majoring in civil and commercial law
China Law & Enterprise Business School emba
Senior Partner of Beijing Changhong Law Firm
Deputy Secretary-General of the Civil Law Research Association of Fengtai District Lawyers Association
He is a member of The Beijing Lawyers Association
He is a member of the All China Lawyers Association
Special counsel of the Beauty Convention Public Welfare Organization of the China Children's Culture and Art Foundation
He has been employed as legal counsel for a number of enterprises and institutions
Lawyer for members of the Medical Shield Legal Services team
He was a guest guest on beijing television's "Counting Beijing" column
The successful cases of litigation have been published in more than ten media outlets, including Workers Daily, China Daily, China News Network, Sina Net, Tencent Net, China Youth Net, China Gong Net, and Beijing Legal Aid.