Legal analysis: 1. If a party applies to the health administrative department for handling medical malpractice disputes and brings a lawsuit to the people's court, the health administrative department will not accept it. If it has been accepted by the administrative department of health, it shall be terminated.

2. The administrative department of public health shall review the qualifications, professional categories and identification procedures of the personnel participating in the identification after receiving the medical malpractice technical appraisal certificate issued by the medical association responsible for organizing the technical appraisal of medical malpractice. When necessary, an investigation can be organized to listen to the opinions of both parties to the medical accident dispute.

3. Upon examination, the administrative department of health shall take the conclusion of technical appraisal of medical accidents made in accordance with the provisions of these Regulations as the basis for administrative treatment and compensation mediation of medical institutions and medical personnel who have suffered medical accidents. Upon examination, it is found that the technical appraisal of medical malpractice does not conform to the provisions of these regulations, and it shall require re-appraisal.

4. If the medical malpractice dispute is settled by both parties through consultation, the medical institution shall submit a written report to the local health administrative department within 7 days from the date of negotiation, and attach an agreement.

5. If the medical malpractice dispute is settled by mediation or judgment of the people's court, the medical institution shall, within 7 days from the date of receiving the effective mediation or judgment of the people's court, report in writing to the local health administrative department, and attach the mediation or judgment.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 17 The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.

Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:

(1) Major foreign-related cases;

(two) cases that have a significant impact in the region;

(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.

Article 119 A prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.