When a medical dispute occurs, the doctor and the patient can first negotiate and mediate. If the mediation fails, either the doctor or the patient can submit a request to the competent health administrative department for handling. After accepting the application, the health administrative department will assign a dedicated person to properly keep the original data, seal the relevant medical items, organize staff to conduct an investigation, and formulate written materials. After investigation and study, the health department will give handling opinions and usually negotiate and mediate again. If the negotiation fails, the meeting recommends that the patient or family members resort to the third-level medical malpractice appraisal committee for appraisal. If you are not satisfied with the conclusion of the third-level appraisal, you can apply for a re-certification or a second-level appraisal. If you are still dissatisfied, apply for reconsideration and first-level appraisal. The health administrative department and medical units shall handle the case accordingly based on the appraisal conclusion and relevant laws and regulations. If you are still dissatisfied with the result, you can file a lawsuit with the local grassroots people's court. Of course, it is not necessary for both parties to negotiate on their own or request the health administrative department to handle the matter. They can also directly file a lawsuit in court. 1. Regulations and handling procedures for receiving complaints about medical disputes 1. When a medical dispute occurs, the department must keep the medical records and must not lose, alter or loan them out. 2. The department director is responsible for medical disputes that occur within the department. When a medical dispute occurs, the department director is first responsible for receiving the complaining patient or family member, understanding the content of the complaint, and conducting an investigation. Those who can respond at the time can give accurate explanations. If you are unable to respond at that time or need to respond after investigation, you should clearly inform the patient or family of the next reception time and place, and report to the Department of Medical Education. 3. When a medical dispute occurs after the death of a patient, the physician in charge or the physician on duty, together with the superior physician, must clearly propose to the family whether an autopsy should be performed and complete it within 48 hours, and the opinions of the family members on whether they agree to perform an autopsy must be fully stated in the course record. Keep it in the record and ask family members to sign it. If a family member refuses an autopsy, the immediate family member must write "does not agree to the autopsy" in the medical record and sign it. 4. When the patient's family members request to seal and copy the medical records, they should report it to the Medical and Education Department during normal working hours and report to the general on-duty staff during abnormal working hours. The medical records that should be sealed and operated should be photocopies of the medical records that medical staff accompany their family members. Family members of patients with objective medical records can make copies. Family members of patients with subjective medical records are not allowed to copy, and the copies should be sealed. 5. When the department fails to reach an agreement with the patient/family member in resolving the medical dispute, the Medical Education Department and Public Security Office will receive the dispute and continue to resolve it. The Department of Medical Education organizes personnel from relevant departments to conduct an investigation and discussion based on the oral or written opinions submitted by the patient's family. If necessary, the case must be appraised by the hospital's Medical Accident Appraisal Committee. 6. When the Department of Medical Education receives medical disputes, the director of the department complained against must be present. If he is absent due to special circumstances, he should report to the Department of Medical Education and entrust a professional physician above the deputy chief physician to be responsible for on-site handling of the complaint against the complainant. answers to professional questions. 7. If a medical dispute occurs, our hospital will respond to the patient or family member with the result within seven working days from the date of receiving the complaint. 8. When the complainant is dissatisfied with the conclusion of our hospital’s medical appraisal, he must apply for a medical appraisal to the superior medical accident appraisal committee according to relevant procedures. 9. When medical staff receive complaints from medical disputes, they should listen patiently and carefully to their opinions, and provide appropriate explanations in a reasonable and scientific manner and in popular language to obtain the cooperation of family members/patients. 10. When receiving medical disputes, visitors should be asked whether they are the patient's legally recognized direct family members to facilitate the resolution of medical disputes and legality. 2. Emergency plans and procedures for handling medical complaints and disputes 1. Emergency plan (1) After a medical complaint occurs, the department should immediately report it to the competent department. Those who fail to report it will bear all possible consequences. (2) For disputes caused by medical problems, the department should first investigate, quickly take active and effective measures to control the situation, strive for resolution within the department, prevent the intensification of conflicts, and receive the disputed patients and their families, listen carefully to the patients' opinions, and respond to the disputes. The patient's opinions explain the relevant issues. If the patient can accept it, the complaint processing ends here. (3) After receiving a report from a department or a complaint from a family member, the competent department should immediately learn about the situation from the department concerned and negotiate a solution with the department director. If the patient can accept it, the complaint handling will be terminated. If the patient cannot accept it, ask the patient to provide written materials on his understanding of the problem and requirements; then, find the relevant responsible person to investigate and understand the details of the problem, propose a solution to the problem, report to the deputy director in charge, and negotiate with the patient for handling opinions. If the patient accepts, the treatment ends here. (4) For medical disputes that have been received by the competent authorities but still cannot be resolved, it is recommended that patients or family members undergo medical appraisal in accordance with legal procedures. The departments concerned shall prepare the required medical record abstracts, original medical records, relevant information and department opinions within one week. (5) The department concerned shall designate a person to attend the medical accident appraisal meeting. (6) After the patient and his family file a lawsuit in court, the department concerned will designate a dedicated person and lawyer to represent the hospital in court, and the functional department will accompany him when necessary. (7) The medical authority shall propose administrative handling opinions to departments and individuals based on the nature of the medical dispute, and submit them to the hospital's labor union for decision.

2. Report the procedure to the competent department → department investigation and processing → competent department → department concerned to understand the situation → negotiate and resolve → the patient cannot accept it → report to the deputy director in charge → when the solution still cannot be solved → medical appraisal → attend the medical accident appraisal meeting → medical treatment The competent department puts forward handling opinions → the hospital's labor union decides. 3. Medical Dispute Handling Process After a medical dispute occurs, what should the patient do? How can we protect our legitimate rights and interests to the maximum extent and obtain compensation stipulated by law? According to the "Regulations on the Handling of Medical Accidents", there are three ways to resolve medical disputes: consultation and mediation between doctors and patients, applying to the health administrative department for handling, and filing a lawsuit in court. In reality, litigation is often the first choice for both doctors and patients to resolve disputes, and patients are given legal guidance on how to litigate in medical disputes. 1. Preparatory work before litigation. After a medical dispute occurs, the patient should contact and complain to the medical department as soon as possible, request a copy of the diagnosis and treatment records, and work with the medical representative to seal the medical records (including diagnosis and treatment records, hospitalization records, surgical consent forms, and consultation discussion records) etc.), and ask for the receipt of the "Medical Dispute Complaint Form" from the Medical Department. After completing the above work, the patient can choose which legal method to apply to resolve the dispute. 2. Litigation. After the lawsuit is filed, the court will arrange a time for the first hearing. This hearing mainly confirms the qualifications of both doctors and patients as litigation subjects and cross-examines the medical records submitted by both parties. The cross-examined medical records will be handed over by the court after the first hearing. Appraisal by the Medical Accident Appraisal Committee. Therefore, during the first court session, the patient should seize the opportunity, carefully review the authenticity, standardization, and completeness of the medical record information, and try to exclude the medical record information that is unfavorable to him as valid evidence. 3. Medical accident technical appraisal. This is the most important part of the medical dispute handling procedure, which determines the overall situation of the entire medical dispute litigation. To put it bluntly, a medical dispute lawsuit is actually a medical malpractice appraisal! The patient should take it seriously, and the content of the "Statement" submitted to the expert panel should state the medical process in as much detail as possible, and at the same time highlight the faults in the medical behavior of the doctor. What diagnostic and treatment regulations were violated. The experts of the Medical Review Association are actually the chief physicians and medical professors of each hospital. They have natural protection for the hospital. Therefore, the patient should point out the medical errors in the "Statement" clearly and clearly, and do not give any advice to the experts. The team has room for maneuver; if the patient fails to point out the doctor’s obvious fault in the Statement, the experts will often turn a blind eye and make unfavorable conclusions about the patient. This is like not filing a lawsuit in a civil lawsuit. The principle of ignoring. 4. Determination of compensation. After the medical malpractice identification results are released, if it is deemed that a medical malpractice has occurred, the patient can determine the compensation amount in accordance with the "Medical Accident Handling Regulations", but the causal relationship between the doctor's diagnosis and treatment behavior and the patient's damage consequences must be taken into consideration. to determine the responsibilities that the doctor should bear. For example, if a patient is diagnosed with terminal cancer, death is inevitable. Although the doctor's diagnosis and treatment errors has accelerated the patient's death, it is unreasonable to require the doctor to bear full liability for the patient's death, and the court will not Will support. Therefore, the patient should realistically analyze the degree of the doctor’s fault to determine the amount of compensation, and avoid making blind claims, which may lead to excessive litigation costs. More often than not, the medical appraisal conclusion is that the doctor did not constitute a medical malpractice. In this case, how should the patient make a claim? Our lawyer believes that the patient can flexibly apply the "General Principles of the Civil Law" and the "Consumer Rights Protection Law" and other relevant principles, provide evidence to prove that the doctor's diagnosis and treatment behavior was defective and caused personal injury to the patient, and file a claim on the grounds of personal injury. Medical dispute litigation is different from ordinary civil litigation. The flexibility between medical principles and legal application is the key to whether the patient's interests can be protected to the maximum extent. Therefore, in medical dispute litigation, patients should consider hiring a lawyer who is proficient in medical dispute handling to represent them in related legal matters. Medical dispute handling process: Medical dispute occurs - Complain to the medical institution - Copy and seal medical records - Apply to the health administrative department for processing - Medical accident appraisal - (Unsatisfied) apply for re-appraisal - The health administrative district department makes a decision - (Dissatisfied) Administrative review litigation handling process: Medical dispute occurs - Complain to the medical institution - Copy and seal medical records - File a lawsuit - First court hearing (cross-examination of medical records) - Entrust medical malpractice appraisal - (Dissatisfied) Apply again Appraisal - Judicial appraisal - Open court again - Judgment - (Dissatisfaction) Appeal Medical appraisal process: The doctor and patient both file a case with the Municipal Medical Appraisal Association (or entrust the appraisal) - Accept the application - Pay the fee - Submit a statement Books and other materials - check the list of experts - select the experts who need to be avoided - randomly number the experts - draw numbers - form an expert appraisal team - each patient and doctor will make a statement for 15 minutes - withdraw from the court - expert discussion - issue a medical certificate Appraisal conclusion report - (dissatisfied) filed a re-appraisal with the Provincial Medical Appraisal Association. What should we do if there is no one to handle complaints about medical disputes? When the negotiation between the two parties fails and the administrative mediation by the health administrative department fails, it must be resolved by filing a civil lawsuit in the People's Court. Therefore, when a medical dispute occurs, the patient must not act impulsively. He must be familiar with the medical dispute handling process and relevant legal regulations, retain relevant evidence, and safeguard his legitimate rights and interests by filing a lawsuit in court.