What is the medical malpractice appeal process like?

The arbitration may proceed in accordance with the following procedures: (1) Application by the parties. The doctor and patient who submit the arbitration request shall submit a written application to the Medical Dispute Arbitration Commission within the prescribed time from the date of occurrence of the dispute (i.e., within the time limit for acceptance).

2) Case acceptance. The Medical Dispute Arbitration Commission shall make a decision on acceptance or non-acceptance within the time specified from the date of receipt of the application. If the decision is accepted, the respondent shall be notified and an arbitral tribunal shall be constituted.

3) Case trial. The arbitral tribunal shall first mediate the medical dispute and promote the doctor and the patient to reach a settlement agreement under the principle of voluntariness and legality. If the mediation is unsuccessful, the arbitral tribunal shall render an award in a timely manner.

4) Enforcement of Arbitration.

The doctor can only file a lawsuit for a dispute over a medical technical service contract. 2. Acceptance conditions: (1) There is a doctor-patient relationship; (2) Violations of laws and regulations in medical treatment; (3) The patient has harmful consequences, etc.

3. Materials and evidence to be submitted.

1. Where a party is dissatisfied with a first-instance judgment or ruling of a local people's court, it shall raise the above within 15 days of the date on which the judgment is served, or within 10 days of the date on which the ruling is served;

2. The appeal petition shall be submitted through the original people's court, and copies shall be submitted according to the number of opposing parties or representatives.

[Legal basis].

Article 164 of the Civil Huai Fraud Litigation Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of the former civil court of Wang Ming, a local person, he has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 165.

An appeal shall be filed with an appellate brief. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.

Medical disputes are generally not appealed after negotiation. Appeal refers to a litigation system in which a party dissatisfied with the judgment or ruling of the first-instance trial court submits a retrial of the case to the court at the next higher level within the statutory time. After the negotiation of the medical dispute, the parties shall sign a written settlement agreement and perform their obligations in accordance with the agreement on the elimination of defects.

[Legal basis].Article 164 of the Civil Procedure Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party pretending to be a party is dissatisfied with the first-instance ruling of the local people's court, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 165.

An appeal shall be filed with an appellate brief. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.

1. Medical Dispute Civil Litigation Procedure 1. Application for Medical Malpractice Appraisal The parties may apply to the local medical association, and after the person concerned submits the relevant materials, the medical association shall organize an appraisal and draw an appraisal conclusion within 45 days. This is the basis for taking the next step, of course, if you are not satisfied with the appraisal conclusion, you can apply for a higher level of appraisal, but you cannot file a lawsuit against the appraisal committee. 2. Collect relevant evidence The parties can fix the medical records (medical records, invoices, medical certificates, diagnosis reports, surgical records, etc.) of the hospital as evidence.

3. Filing a lawsuit with the court The following materials are required to file a lawsuit with the court: (1) Civil complaint. The civil complaint can be drafted by a relevant professional, or it can be drafted by yourself, and there are many templates on the website that can be referenced.

2) Identity information of the plaintiff and defendant. The defendant's information is difficult to obtain personally, and a lawyer may be retained to make inquiries. (3) Relevant evidence.

Medical malpractice appraisal reports, hospital visit records, etc. 4. The trial is generally divided into the following stages: pre-preparation; court investigation stage; The courtroom debate stage was in an uproar; Final Presentation Stage.

5. After the judgment is made, the court will make a judgment within the trial time limit and serve the judgment on the plaintiff, the defendant and the first person. 2. Relevant precautions 1. The two ways of applying to the Health Bureau for processing and filing a lawsuit with the court cannot be carried out at the same time, if there is such a situation, in accordance with the principle of litigation blocking administrative processing, the litigation will be directly entered into the litigation procedure. 2. There are three main factors that affect the amount of compensation for medical malpractice:

1) Medical malpractice grade; (2) the degree of liability for medical negligence in the harmful consequences of medical malpractice; and (3) the relationship between the consequences of medical malpractice damage and the patient's pre-existing medical condition. These three factors will be listed in the medical malpractice report. 3. In the course of litigation, follow the principle of reversal of the burden of proof.

That is, the hospital has the burden of proving that its behavior is in line with the routine of diagnosis and care, and if it cannot be proved, the responsibility lies with the hospital.

The procedure for medical malpractice litigation is as follows:

1. Prosecution: The parties shall submit the indictment to the court with jurisdiction, pay the prosecution fee, and wait for the court to review whether it meets the conditions for acceptance.

2. Acceptance: The court will review the prosecution materials and decide whether to accept it within 7 days.

3. Notice to respond to the lawsuit: After review, the court will notify the defendant to respond to the lawsuit if it believes that the case falls under its own jurisdiction.

4. **Trial: After acceptance, the adjudicator will arrange a specific ** time. **After that, the plaintiff and the defendant appear in court to conduct court investigation, court debate, court mediation, and final opinions.

5. Entrusted appraisal: If it is necessary to identify whether the doctor has medical fault or the disability of the injured person in the litigation, the applicant submits an appraisal application to the court, and applies to the court to entrust the relevant institution to conduct the appraisal, and then the court sends the entrusted appraisal letter and the required relevant materials to the relevant judicial appraisal institution, and waits for the conclusion issued by the judicial appraisal institution.

7. Service and appeal of the judgment document: After the judgment is served on both parties, either party may file an appeal within 15 days and appeal to the higher people's court. If neither party files an appeal within the appeal period, the judgment of the first instance shall take effect.

8. Second instance: After the appeal, the court of second instance will organize a trial and make a judgment in accordance with the law on the premise that the facts are clear, and the result may be to uphold the original judgment, change the judgment in accordance with the law, or remand for a new trial; The second-instance judgment is final and takes effect after it is served; If the parties are still not satisfied, they may not apply for a retrial unless there are circumstances that meet the requirements for applying for a retrial.

10. Appeal Procedures: Where a party is dissatisfied with an effective court judgment, the party applying for a retrial shall do so within 6 months after the judgment or ruling takes legal effect, or within 6 months of knowing that the retrial matter exists.

Article 58 of the Regulations on the Handling of Medical Accidents: Where a patient suffers damage due to any of the following circumstances, the medical institution is presumed to be at fault: (1) violating laws, administrative regulations, rules, and other relevant provisions on diagnosis and treatment norms; (2) Concealing or refusing to provide medical records related to the dispute; (3) Falsifying, altering, or destroying medical records.