Legal basis: Article 39 of the Regulations on Handling Medical Accidents.
The administrative department of health shall make a decision on whether to accept or not within 10 days from the date of receiving the application for handling medical malpractice disputes. In accordance with the provisions of this Ordinance, to be accepted, the need for technical appraisal of medical accidents, it should be within 5 days from the date of making the decision of acceptance, to submit relevant materials to the medical association responsible for technical appraisal of medical accidents and notify the applicant in writing; Do not meet the requirements of this Ordinance, shall not be accepted, and notify the applicant in writing, explain the reasons.
If a party disagrees with the conclusion of the first technical appraisal of medical malpractice and applies for re-appraisal, the health administrative department shall, within 7 days from the date of receiving the application, submit it to the local medical association of the province, autonomous region or municipality directly under the Central Government for re-appraisal.