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What should I do if a medical accident occurs?
Legal analysis: There are three ways to solve medical disputes, namely reconciliation, mediation and litigation. 1. Reconciliation (negotiated settlement). After the occurrence of a medical dispute, if the patient and the hospital can reach a settlement agreement on the basis of full consultation on the principle of equality and voluntariness, the validity of the settlement agreement shall be recognized. 2. Mediation (involving third parties such as health administrative departments). 3. litigation. Before the lawsuit, the parties may conduct medical accident appraisal or medical fault appraisal, which shall be appraised by the medical association and the medical fault appraisal shall be appraised by the judicial appraisal center. Appraisal is not the legal pre-procedure of medical dispute litigation.

Legal basis: Article 47 of the Regulations on Handling Medical Accidents.

If the two sides resolve civil liability disputes such as medical accident compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.

Article 48 of the Regulations on Handling Medical Accidents

If it has been identified as a medical accident, the health administrative department may, at the request of both parties to the medical accident dispute, conduct medical accident compensation mediation. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated in accordance with the provisions of these regulations. If the two parties reach an agreement on the amount of compensation through mediation, a mediation agreement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.