Legal basis: Regulations on Handling Medical Accidents
Article 37 In case of a medical malpractice dispute, the parties concerned shall submit a written application to the administrative department of health for handling. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant. Within 1 year from the date when the parties know or should know that their health has been damaged, they may apply to the health administrative department for medical malpractice dispute settlement.
Thirty-eighth medical malpractice disputes, the parties to the health administrative department of the people's government at the county level where the medical institution is located to apply. If a medical institution is located in a municipality directly under the Central Government, it shall be accepted by the health administrative department of the district or county people's government where the medical institution is located. Under any of the following circumstances, the health administrative department of the people's government at the county level shall, within 7 days from the date of receiving the report of the medical institution or the application for handling the medical accident dispute, transfer it to the health administrative department of the people's government at the next higher level for handling: (1) The patient died; (two) more than two medical accidents may occur; (3) Other circumstances stipulated by the health administrative department of the State Council and the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.