(1) Both parties negotiate voluntarily.
If both doctors and patients choose to settle medical disputes through consultation, they should consult in a special place, which shall not affect the normal medical order. If there are a large number of doctors and patients, representatives shall be elected for consultation, and the number of representatives of each party shall not exceed 5.
(2) Apply for people's mediation.
To apply for people's mediation of medical disputes, both doctors and patients shall apply to the people's mediation Committee of medical disputes; If one party applies for mediation, the People's Mediation Committee for Medical Disputes shall conduct mediation with the consent of the other party.
(3) applying for administrative mediation
In the event of a medical accident dispute, if the parties apply to the health administrative department for handling, they shall submit a written application.
(4) Bring a lawsuit to the people's court.
After the occurrence of a medical dispute, if the parties have any objection to the medical institution's diagnosis and treatment, they may directly bring a lawsuit to the people's court and ask the medical institution to bear the corresponding liability for compensation.
Second, the identification process of cosmetic medical accidents
1, apply for medical malpractice appraisal
(a) when the family members of patients demand to be investigated for medical responsibility, they should first submit a written application for medical accident identification to the medical department (branch) of the medical unit, and the medical accident handling team of the medical unit will discuss and issue a written conclusion.
(2) Patients or their families who are dissatisfied with the conclusion of the medical unit may apply to the corresponding medical accident technical appraisal committee for medical accident appraisal.
(three) the application for medical accident or incident identification is limited to one year after the accident or incident has caused adverse consequences, and will not be accepted after the deadline; However, if the patient dies, his family members shall apply within fifteen days after the patient dies or receives the autopsy report.
(four) dissatisfied with the appraisal conclusion of the county-level city medical accident technical appraisal committee, should apply for appraisal review to the city medical accident technical appraisal committee within fifteen days after receiving the appraisal book.
(five) if you are dissatisfied with the appraisal conclusion of the municipal medical accident technical appraisal committee, you should apply to the provincial medical accident technical appraisal committee for appraisal and review within fifteen days after receiving the appraisal letter.
(six) the identification of the provincial medical technical appraisal committee is final. If you are dissatisfied with the conclusion, you can bring a lawsuit directly to the local people's court.
2. Procedures for applying for medical malpractice identification
When applying for medical malpractice identification, the following procedures shall be handled:
(a) fill in the "medical accident identification application";
(2) Submit relevant information;
(three) according to the provisions of the appraisal fee in advance.
Iii. Matters needing attention in the identification of cosmetic medical accidents
1, after the appraisal, if it is a medical accident, the appraisal fee shall be paid by the medical unit; If it is not a medical accident, it shall be paid by the patient or his family. The local health administrative department at or above the county level shall, after receiving the report of major medical negligence of medical institutions, submit it to the medical association for technical appraisal of medical accidents, and the appraisal fee shall be paid by the medical institutions. There is no appraisal fee for re-appraisal.
2. The medical association responsible for organizing the technical appraisal of medical malpractice shall, within 5 days from the date of accepting the technical appraisal of medical malpractice, notify both parties to the medical malpractice dispute to submit the materials required for the technical appraisal of medical malpractice.
3. The parties concerned shall submit materials, written statements and defense related to the technical appraisal of medical malpractice within 10 days from the date of receiving the notice from the medical association.
4. The medical association responsible for organizing the technical appraisal of medical malpractice shall organize the appraisal and issue the technical appraisal of medical malpractice within 45 days from the date of receiving the materials, written statements and defense submitted by the parties. In other words, to apply for appraisal now, you must get the appraisal certificate within 60 days after the medical association officially accepts it.