Lawyers in medical malpractice disputes can consult local law firms and hire lawyers to provide legal services. The methods to deal with medical malpractice disputes mainly include negotiation between the two parties, filing an application for mediation with the health administrative department or bringing a lawsuit to the people's court. According to Article 46 of the Regulations on Handling Medical Accidents, civil liability disputes such as compensation for medical accidents 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.
What is the process of handling medical accidents?
1. Once a medical dispute occurs, patients and their families have the right to put forward the appraisal of the medical accident or incident within 1 year after the accident or incident causes adverse consequences.
2. If the patient dies, his family members shall identify the medical accident or incident within 15 days after the death of the patient or after receiving the autopsy report. Among them, the application for autopsy should be made within 48 hours after the death of the patient and carried out by the pathological anatomy department designated by the local health bureau.
3. If both parties to a medical dispute are dissatisfied with the appraisal conclusion of the first medical accident technical appraisal committee, they may apply to the medical accident technical appraisal committee of the province, autonomous region or municipality directly under the Central Government for appraisal within 15 days from the date of receiving the appraisal conclusion. If you are dissatisfied with the appraisal conclusion of the technical appraisal committee of medical accidents in provinces, autonomous regions and municipalities directly under the Central Government, you may bring a lawsuit to the people's court within 15 days from the date of receiving the appraisal conclusion.
4. If both parties have no objection to the appraisal conclusion, they can negotiate on the treatment plan; If negotiation fails, either party may apply to the county or medical university for handling. If they are not satisfied with the decision, both parties may apply to the health administrative department of the province, autonomous region or municipality directly under the Central Government for reconsideration within 15 days from the date of receiving the notice of handling, or they may bring a lawsuit directly to the people's court. Anyone who refuses to accept the decision made by the health administrative department of a province, autonomous region or municipality directly under the Central Government may bring a lawsuit to the people's court within 05 days from the date of receiving the notice of decision.
Legal basis:
Article 12 19 of the Civil Code of People's Republic of China (PRC) * * * Medical personnel shall explain the patient's condition and medical measures during the diagnosis and treatment activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent. Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.