Legal basis: Regulations on Handling Medical Accidents
Thirty-fifth health administrative departments shall, in accordance with the provisions of these regulations and relevant laws, administrative regulations and departmental rules, make administrative treatment for medical institutions and medical personnel who have medical accidents.
Article 36 After receiving a report from a medical institution about a major medical negligence, the health administrative department shall not only order the medical institution to take necessary medical measures in time to prevent the damage from expanding, but also organize an investigation to determine whether it belongs to a medical accident; If it is impossible to determine whether it is a medical accident, it shall be submitted to the medical association responsible for the technical appraisal of medical accidents in accordance with the relevant provisions of these regulations.
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.