Legal analysis: Medical disputes refer to disputes that occur in medical enterprises, legal persons or institutions with legal qualifications such as medical and health care, preventive health care, and medical cosmetology. Medical disputes in China are currently particularly difficult to deal with. . If a medical dispute occurs and you need a lawyer, you can find the lawyer's contact information through the local public account or Baidu.
Legal basis: "Regulations on the Prevention and Handling of Medical Disputes"
Article 22 If a medical dispute occurs, both doctors and patients can resolve it through the following channels:
(1) Voluntary negotiation between both parties;
(2) Apply for people’s mediation;
(3) Apply for administrative mediation;
(4) File a lawsuit in the People’s Court ;
(5) Other ways provided by laws and regulations.
Article 23 When a medical dispute occurs, the medical institution shall inform the patient or his close relatives of the following matters:
(1) Legal ways to resolve the medical dispute;
< p>(2) Regulations on the sealing and unsealing of medical records and on-site physical objects;(3) Regulations on access and copying of medical records.
If a patient dies, his close relatives should also be informed of the autopsy regulations.
Article 24 If a medical dispute occurs and medical records need to be sealed or unsealed, this should be done in the presence of both the doctor and the patient. The sealed medical records may be originals or copies and shall be kept by the medical institution. If the medical records are not yet completed and need to be sealed, the completed medical records will be sealed first; after the medical records are completed in accordance with regulations, the subsequent completed parts will be sealed. Medical institutions should prepare a sealing list for sealed medical records, and both doctors and patients should sign or seal it, each keeping one copy.
If the medical dispute has been resolved after the medical records are sealed, or if the patient does not request to resolve the medical dispute after the medical records have been sealed for 3 years, the medical institution may unseal them on their own.
Article 25: If infusion, blood transfusion, injection, medication, etc. are suspected to cause adverse consequences, both doctors and patients shall jointly seal and unseal the physical objects on site, and the sealed physical objects on site shall be kept by the medical institution. . If inspection is required, both parties shall jointly entrust an inspection agency with inspection qualifications according to law to conduct the inspection; if both parties cannot agree to entrust the inspection, it shall be designated by the health department of the people's government at the county level where the medical institution is located.
If a blood transfusion is suspected of causing adverse consequences and the blood needs to be sealed and retained, the medical institution shall notify the blood station that provided the blood to send personnel to the scene.
If the medical dispute has been resolved after on-site physical sealing, or if the patient has not made any further request to resolve the medical dispute after the on-site physical sealing has been completed for three years, the medical institution may unseal it on its own.