The first is negotiation.

Both doctors and patients negotiate on the compensation issue and reach an agreement. Both parties sign an agreement, which can be notarized or witnessed by a lawyer, and reported to the health administrative department for record.

The second is to apply to the health administrative department for processing.

The party concerned shall submit a written application and submit it within one year from the date when he knew or should have known that his physical health was harmed.

The third is to file a lawsuit in the People's Court.

Medical disputes can be filed directly with the People's Court without applying to the health administrative department. If the cause of action is infringement, the statute of limitations is 1 year. If the cause is breach of contract, the statute of limitations is 2 years. Both It shall be calculated from the date when you know or should know that your rights and interests have been infringed.

The fourth is mediation (negotiation and settlement with the support of a third party), arbitration (both parties agree to arbitrate), etc.

1. Litigation.

Factors such as strict litigation procedures, the highest authoritative judgment and the guarantee of national coercive power make litigation always occupy a core position in the resolution of medical disputes.

However, the shortcomings of litigation are also obvious: the specialization of medical disputes will inevitably lead to delays and high costs in medical dispute litigation; the important evidence of medical disputes is the conclusion of the medical malpractice appraisal. Due to the administrative limitations of the medical malpractice appraisal committee, The level has a great influence on the effectiveness of the appraisal conclusion, resulting in repeated appraisals, which is time-consuming and costly; in litigation, the plaintiff and the defendant do not trust each other, and even become hostile to each other, seriously damaging the doctor-patient relationship.

2. Administrative ruling.

That is to apply to the health administrative department for processing. Before the promulgation of the "Regulations on the Handling of Medical Accidents" in 2002, since the civil nature of medical disputes was not clearly defined in law, most medical disputes were resolved through administrative adjudication. The main advantages of resolving medical disputes through administrative adjudication are: first, it is fast and convenient. As the competent authority in the industry, the health administrative department has professional cognitive capabilities that other dispute resolution mechanisms do not have; secondly, it saves costs. The health administrative department's resolution of medical disputes is an act of authority and the cost is relatively low; thirdly, it is highly effective. Once an administrative ruling is made, it has legal effect and is mandatory. Fourth, dissatisfaction with an administrative ruling can be resolved again through administrative review or litigation.