Legal basis: Regulations on Handling Medical Accidents
Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Forty-eighth has been identified as a medical accident, the administrative department of health at the request of both parties to the dispute of medical accident, 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.