About the medical dispute prevention and handling regulations (SongShenGao) draft specifications

The 2015-11-02 

national health and population and family planning commission of the People's Republic of China

First, the drafting background

(a) "byelaw of medical accident treatment" since the implementation of the main results. One is the establishment of a medical dispute prevention system. Family planning administrative department of public health according to "byelaw of medical accident treatment" (hereinafter referred to as the "original" byelaw ") regulation, make the medical quality management, medical accident report, the hospital complaint management and a series of management system, all kinds of medical institutions at all levels also establish and improve the internal related rules and regulations, the agency in the protection of lawful rights and interests of patients at the same time, strengthen medical institutions and medical personnel risk prevention consciousness. Second is to set up a professional system of technical appraisal for medical accidents. The original of the regulations on the appraisal organization, procedures, identification expert, appraisal procedure and so on has carried on the clear specification, determine the legal status of medical malpractice identification. The original regulations, medical association established the state, province, city level 3 work system of technical appraisal for medical accidents, improve the application of technical appraisal for medical accidents and operation process, to help resolve a large number of medical disputes. Three is to determine the principles and medical accident compensation standards. Original medical accident compensation mechanism is established, the regulations on the basis of medical accident level, medical negligence in medical accident injury consequence of the degree of responsibility, medical accident injury consequence and the relationship between the original disease situation of patient factors such as compensation, the compensation of the project, principle, calculation method and standard, the term has carried on the clear rules, has provided a legal basis for the compensation of medical accidents. Four is to improve the legal awareness from both sides of the patient. After the implementation of the regulations, medical institutions and medical personnel in accordance with law, practice consciousness constantly improve; The original highlights the regulations to protect the rights of patients, has provided a legal basis for medical dispute processing, improve the legal consciousness of rights according to law to promote the patients. The fifth is to strengthen the family planning administrative department of public health prevention and treatment of medical accidents of supervision, and penalty function. The original creation of the regulations and supporting documents, standardizes the family planning administrative department of public health at various levels and of various medical institutions at all levels in medical accident prevention and treatment of duty, and the relevant punishment regulation violation behavior, intensify the supervision and administration of the family planning administrative department of public health.

(2) of the original problems since the implementation of the regulations. One is the original "byelaw" medical accident damage compensation is not applicable. 2 it is to deal with the family planning administrative department of public health medical disputes has been questioned. 3 it is medical disputes non-litigation way not free, easy to cause "big big big loss, nao small loss, don't make free of" etc. Bad phenomenon.

(3) the revision of the original basis of work in the regulations. One is provided for reference international experience in handling medical disputes. Many countries and regions in non-litigation way to solve the medical disputes is a beneficial exploration, and accumulated rich experience in the theory and practice: the United States, Japan, through the industry association and the insurance company to solve medical disputes, and through the positive development of mediation, arbitration and litigation dispute resolution mechanism to alleviate the pressure of the court; Germany pays great attention to dealing with medical disputes, mediation way in industry association consists of medical accident mediation, the mediation more professionalism; Taiwan sets the mediation to legal proceedings prepositional procedure, reduce unnecessary litigation. 2 it is part of the province of medical dispute prevention and handling legislative work has carried on the positive attempt. In recent years, tianjin, zhejiang, hunan, jiangxi, guangdong, guizhou, Shanghai, ningbo and other cities and provinces have issued the medical dispute prevention and treatment of local laws, regulations, and to the effective prevention and handling medical disputes, protect the lawful rights and interests of both doctors has played a positive role. Three is the medical dispute mediation and medical risk sharing mechanism initially formed a good work. In 2014 the people's conciliation 66000 cases in medical disputes, the medical dispute mediation success rate is above 85%. In 2014 the people's court to collect 19944 cases of medical malpractice damages, conclude the 18340 pieces. Around actively explore based mainly on medical liability insurance, mutual medical risk gold, medical insurance, and other forms coexist and complement each other medical risk sharing mechanism, initially formed the medical dispute of the third party mediation and third party claims to compensate combining ways. In 2013, more than the national total of more than 6000 secondary medical institutions participated in the medical liability insurance, 60% of the total accounted for more than a secondary medical institutions.

Second, the principle of revision

One is to people's mediation as the main body, the court mediation and judicial mediation, organic combination of medical risk sharing mechanism, the coordination between the insurance "" three mediation system of medical dispute prevention and treatment to rise to the laws and regulations. 2 it is to solve the problem of the poor co-ordination between the laws and regulations, with the tort liability act, "the general principles of the civil law", the people's mediation law and other relevant laws. Third, medical dispute processing is separated from industry, civil and administrative processing.

Three, the main revision content

Of six chapters of the new regulations, increased the chapter, "the medical dispute mediation" deleted "medical accident compensation" chapter, the original chapter "medical accident technical appraisal" and "medical accident administrative punishment and supervision" chapter combined into "" of supervision and technical appraisal for medical accidents, amend the" penalty "to" legal responsibility ".

(a) medical dispute civil treatment approach, to solve medical disputes in dealing with the civil compensation and identification of two "normalize" problem. One is to increase people's mediation channels, medical disputes handling regulations of medical dispute civil treatment of 3 way is: doctor-patient consultation, the people's mediation and judicial proceedings. 2 it is to remove the original "medical accident compensation", the regulations to solve and the act of tort liability of medical damage is inconsistent with the civil compensation standard, and put forward the principle of medical damage appraisal scheme. Three is to strengthen the family planning administrative department of health administrative supervisory duties. The family planning administrative department of health is no longer directly to the processing of civil compensation in medical disputes, and increase regulation: to major medical disputes, the family planning administrative department of public health shall conduct on-site guidance, coordination, guide the medical disputes the parties to settle disputes in accordance with the law.

(2) reference to the international practice of peer evaluation, health industry to that of medical accident, as the important basis of administrative punishment. With high standard, high technical peer evaluation, for the family planning administrative department of health administration processing medical institutions and medical personnel to provide professional basis. For more than 10 years, medical work of technical appraisal for medical accidents is yet to mature, has been formed with 1500 full-time medical guide staff, annual appraisal system for the identification of more than 10000 cases. New continue to continue to use the system, the regulations on whether a medical accident and the accident classification to make professional judgment. Strict and professional peer evaluation can effectively promote the development of clinical medical science, reduce the medical staff in the clinical work, for the majority of the masses to provide a high level of medical services.

(3) to maintain normal medical order and building a harmonious doctor-patient relationship work into legal track. One is use for reference the experience of judicial practice, with a claim for the party concerned, doctor-patient on both parties, in principle, should be resolved through the people's mediation, litigation and other channels, will be treated as medical disputes by the hospital to hospital. The other is the specification of medical dispute mediation. Emphasize the professionalism of the medical dispute mediation, in the medical dispute mediation, set the start expert consultation and the requirement of medical damage appraisal, as the people's mediation clear responsibility, to provide professional opinions, protecting the legal rights and interests of both doctors. Three is to establish and improve the medical risk sharing mechanism of principle provisions. A medical institution shall attend the medical liability insurance; For medical liability insurance underwriting institution shall cooperative medical institutions, medical dispute mediation organizations, involved in the processing of medical disputes in time, and strengthen the mechanism innovation, improve services, according to contract timely adjustments. Four is to strengthen the rights in accordance with the law. Emphasized the medical institutions are prohibited in the implementation of disturbing the order of medical behavior, has been clear about the relevant treatment measures, involving medical illegal crime, maintain normal medical order.

Relevant link: the legal office of the state council announced on the medical dispute prevention and handling regulations (SongShenGao) "public notification for advice