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.

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

Article 1221st If medical personnel fail to fulfill their medical obligations corresponding to the medical level at that time, thus causing damage to patients, medical institutions shall be liable for compensation.

Article 1222nd A medical institution is presumed to be at fault under any of the following circumstances:

(a) in violation of laws, administrative regulations, rules and other relevant medical norms;

(two) concealing or refusing to provide medical records related to the dispute;

(three) lost, forged, tampered with or illegally destroyed medical records.