How to complain about medical malpractice, how to complain about medical malpractice

Local Medical Mediation Committee.

Handling of Medical Malpractice Complaints].

1. Retain evidence in a timely manner.

After the occurrence of a medical dispute, the patient and his family should promptly complain to the medical unit or its competent department, and put forward a request for investigation and punishment, and in this process, promptly require the perpetrator and the director of the department to write down the incident and seal the used medical device. In the event of the death of the patient, the body should be protected in a timely manner and a medical evaluation should be requested from the competent authority.

2. Processing process.

After receiving a complaint, the medical unit or its competent department will immediately appoint a special person to properly keep the original materials, seal the relevant medical items, and prevent the course of the disease from being altered, forged, concealed, or destroyed. If the patient dies, an autopsy will be initiated, and if not, the patient's family should remind them. Then the competent department will organize the medical administrative department to investigate, and form an investigation report, and if necessary, it will report to the higher health administrative department.

Medical disputes arising from medical personnel and rural doctors who practice individually shall be investigated and handled by the health administrative department that approved the practice.

3. Deal with the consequences.

If it is a general medical dispute, after investigation, it can be resolved through negotiation between the medical department (department, section) and the patient. If the patient or family member cannot accept it, the investigation result will be reported to the leading group for medical dispute resolution or the leader of the medical unit. Most hospitals have a medical complaints office that can be addressed to them, and if they prevaricate, they should be asked to see the hospital leadership.

4. The hospital will discuss the opinions of the leading group for the settlement of medical disputes or the medical unit with the patient or family members to strive for a coordinated solution.

If it is indeed a problem of the medical unit, financial compensation or compensation will be given if necessary. The occurrence and handling of medical disputes shall be reported to the health administrative department at a higher level.

5. If the dispute is still not resolved, it is recommended that the patient or family members conduct a medical malpractice appraisal.

The patient or the patient's close relatives may apply to the district medical association to which the hospital belongs, and if there is any objection to the conclusion of the first medical malpractice technical appraisal, they may submit an application for re-appraisal to the health administrative department that originally accepted the application for medical malpractice dispute within 15 days from the date of receipt of the first medical malpractice technical appraisal, or the medical association of the province, autonomous region or municipality directly under the Central Government shall jointly entrust the two parties to organize the re-appraisal.

6. If the patient or his family is still not satisfied with the final appraisal conclusion of the first-level medical malpractice appraisal committee, he or she may resort to the court.

Legal Analysis: Methods for Complaints of Medical Malpractice: Patients and their families shall promptly complain to the medical unit or its competent department, put forward a request for investigation and punishment, and in the process, promptly require the perpetrator and the director of the department to write down the incident and seal the used medical devices; If the patient dies, protect the body in a timely manner and request a medical evaluation from the competent authority.

Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical personnel are at fault, the medical establishment shall be liable for compensation.

Legal basis: Article 1218 of the Civil Code of the People's Republic of China: Principle of Attribution of Liability for Medical Damages and Entity of Responsibility If a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.

Legal analysis: The way to complain about medical malpractice in China is to apply to the local health department, and the health administrative department will help mediate and resolve it, or you can file a lawsuit with the court (you can directly file a civil lawsuit on the amount of compensation, and if you are not satisfied with the results of the health administrative organ, you can also file a health administrative lawsuit) The above three means can be adopted, but no matter which method, it is best to conduct a medical malpractice appraisal first.

Legal basis: Article 1218 of the Civil Code of the People's Republic of China: Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall bear the liability for compensation.

After the occurrence of a medical dispute, you can apply for a medical malpractice appraisal through the local health ** complaint or to the Accident Office of the Health Bureau, and search and preserve relevant evidence. In addition, the victim can also go to the people's mediation committee for mediation, or file a lawsuit with the people's court where the accident occurred. If it is proved that the medical institution or its medical staff are at fault after the patient has suffered damage in the course of diagnosis and treatment, the medical institution shall be liable for compensation.

[Legal basis].

Civil Code of the People's Republic of China Article 1218 Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.

1. How to complain about medical malpractice.

Complaints about medical malpractice can be lodged with functional departments such as outpatient departments, medical offices, hospital offices, party offices, or hospital leaders, as well as the medical administration department of the Health Bureau. You can search and save relevant evidence and apply for medical malpractice appraisal at the Accident Office of the Health Bureau.

Patients have the right to copy or reproduce their outpatient medical records, hospitalization records, temperature sheets, doctor's orders, laboratory tests (test reports), medical imaging examination materials, special examination consent forms, surgical consent forms, surgical and anesthesia records, pathological data, nursing records and other medical records stipulated by the health administrative department, which can be used as evidence. They may also submit an application for mediation to the health administrative department or directly file a lawsuit with the people's court.

II. Compensation standards for medical malpractice medical institutions.

1.Medical expenses: Calculated according to the medical expenses incurred by the personal injury caused by the medical accident to the patient**, paid by vouchers, but excluding the medical expenses of the original disease. If it is really necessary to continue after the case is closed, it shall be paid according to the basic medical expenses.

2.Lost work expenses: If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, it shall be calculated as 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where the medical accident occurred.

3.Hospitalization food subsidy: Calculated according to the business trip meal subsidy standard for general staff of state agencies in the place where the medical accident occurred.

5.Disability living allowance: According to the level of disability, calculated according to the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, if you are over 60 years old, it will not exceed 15 years; Those over 70 years old should not exceed 5 years.

6.Expenses for disability appliances: If it is necessary to equip compensatory functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the medical institution.

3. How long does it take for the medical malpractice liability determination to come out?

The medical malpractice liability determination will be issued in about 45 days, but in practice it may take a little longer. The lawyer reminds you that the medical association shall organize the appraisal and issue a medical malpractice technical appraisal within 45 days from the date of receipt of the materials, written statements and defenses submitted by the parties related to the medical malpractice technical appraisal.

Article 29 of the Regulations on the Handling of Medical Accidents: The medical association responsible for organizing the technical appraisal of medical malpractice shall organize the appraisal and issue a technical appraisal of medical malpractice within 45 days from the date of receipt of the materials, written statements and defenses submitted by the parties related to the technical appraisal of medical malpractice. The medical association responsible for organizing the technical appraisal of medical malpractice may investigate and collect evidence from both parties.

Legal basis: Article 29 of the Regulations on the Handling of Medical Accidents: The medical association responsible for organizing the technical appraisal of medical malpractice shall organize the appraisal and issue a technical appraisal of medical malpractice within 45 days from the date of receipt of the materials, written statements and defenses submitted by the parties related to the technical appraisal of medical malpractice. The medical association responsible for organizing the technical appraisal of medical malpractice may investigate and collect evidence from both parties.

Legal analysis: You can file a complaint with the medical department of the hospital for coordination and request a medical malpractice appraisal. If the hospital does not deal with it, you can also go to the local county or district health bureau to complain and ask for a medical malpractice evaluation.

Legal basis: "Regulations on the Handling of Medical Accidents" Article 13 Where medical personnel have or discover medical accidents, medical negligence that may cause medical accidents, or medical accident disputes, they shall immediately report to the person in charge of the department where they are located, and the person in charge of the department shall promptly report to the department or full-time (part-time) personnel responsible for the quality control of medical services in the medical institution; After receiving the report, the department or full-time (part-time) personnel responsible for the quality control of medical services shall immediately conduct an investigation and verification, truthfully report the relevant situation to the person in charge of the medical institution, and inform and explain to the patient.