Legal analysis: First, negotiation. Both doctors and patients negotiate and reach an agreement on compensation. Both parties can sign an agreement, which can be notarized or witnessed by a lawyer and reported to the health administrative department for the record. The second is to apply to the health administrative department for handling. The parties concerned shall submit a written application within 1 year from the date when they knew or should have known that their health was damaged. The third is to bring a lawsuit to the people's court. Medical disputes may be brought directly to the people's court without applying to the health administrative department for handling. If infringement is the cause of action, the limitation of action is 1 year, and if breach of contract is the cause of action, the limitation of action is 2 years, counting from the day when you know or should know that your rights and interests have been infringed. The fourth is mediation (negotiated settlement with the support of a third party) and arbitration (arbitration agreed by both parties).
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 17 The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases;
(two) cases that have a significant impact in the region;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.