What are the procedures for handling medical malpractice after the death of a patient?

After the death of a patient, the routine procedure is generally divided into 3 steps.

1.The body of the deceased is sent to the morgue to be frozen for storage and later use.

2.The family members applied to the Fuzhou Medical Association for a medical accident appraisal to confirm the nature of the accident and the person responsible; Or the family directly files a lawsuit with the court, and after the lawsuit is filed, the judicial department is responsible for making a medical malpractice appraisal.

3.Based on the results of the medical malpractice appraisal, the solution is negotiated according to the division of responsibility.

Medical Malpractice Handling Procedures:

1. In the event of a medical dispute, the patient and his or her family complain to the medical unit or its competent department and put forward a request for investigation and punishment.

2. After receiving the complaint, the medical unit or its competent department shall immediately appoint a special person to properly keep the original data, seal the relevant medical items, and strictly prohibit alteration, forgery, concealment and destruction. If the patient dies, an autopsy should be initiated.

3. Organize the investigation of the medical administrative department, and form an investigation report, and report to the higher health administrative department if necessary. 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.

4. Familiar with relevant laws and regulations.

5. When dealing with medical disputes, if patients and their families beat medical personnel and disrupt the order of medical work, they should promptly report to the security department and the public security department and request assistance in handling.

6. If it is a general medical dispute, after investigation, it can be resolved through negotiation between the medical department (department, department) 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.

7. According to the results of the investigation, the medical dispute settlement team or medical unit conducts specific research, finds problems, learns lessons, and formulates handling opinions.

8. Discuss the handling opinions of the leading group for medical dispute resolution or medical units with patients or their families, and strive for coordinated resolution. 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.

9. If the dispute is still not resolved, it is recommended that the patient or family members conduct a medical malpractice appraisal. If the patient or a close relative of the patient has 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 two parties shall jointly entrust the medical associations of the province, autonomous region or municipality directly under the Central Government to organize the re-appraisal.

10. The health administrative department and the medical unit shall deal with it accordingly according to the appraisal conclusion and relevant laws and regulations.

11. 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. The patient or the patient's close relatives may file a lawsuit with the people's court within one year from the date on which they know or should know that their physical condition has been harmed.

1. What is the compensation procedure for medical malpractice death?

1. The first step is to identify medical malpractice.

2. In the second step, the medical association will give a medical malpractice appraisal report.

3. The third step is to calculate the compensation base for medical malpractice according to the 11 standards stipulated in the Regulations.

4. The fourth step is to calculate the total amount of compensation. The calculation formula is: total amount of compensation = the total amount added to the above 11 items and the compensation ratio of the degree of liability for medical negligence.

5. In the fifth step, the insurance company or medical institution will pay compensation according to the determined total amount of compensation.

2. What are the medical malpractice compensation items?

1. Medical expenses: calculated according to the medical expenses incurred in the personal injury caused by the medical accident to the patient, and 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 according to 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 meal subsidy: calculated according to the business trip meal subsidy standard for general staff of state organs 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 configure compensatory functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the medical institution.

7. Funeral expenses: calculated according to the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

8. Living expenses of dependents: Calculated in accordance with the minimum subsistence security standards for residents of the place of household registration or residence of the deceased or disabled person who were actually supported and incapable of working before the deceased or the disabled person lost the ability to work. For those under the age of 16, they shall be supported until the age of 16.

for those who have reached the age of 16 but are unable to work, they shall be supported for 20 years; However, if you are over 60 years old, it will not exceed 15 years; Those over 70 years old should not exceed 5 years.

9. Transportation expenses: calculated according to the actual necessary transportation expenses of the patient, and paid by vouchers.

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Medical Malpractice Handling Procedures:

1.In the event of a medical dispute, the patient and his or her family have the right to file an appraisal of the medical malpractice or incident within one year after the occurrence of the accident or adverse consequences of the incident.

2.If a patient dies, the family shall submit an evaluation of the medical accident or incident within 15 days of the patient's death or receipt of the autopsy report. The application for an autopsy shall be made within 48 hours of the patient's death and shall be carried out by the pathological and autopsy department designated by the local health bureau.

3.If both parties to a medical dispute are dissatisfied with the appraisal conclusion of the medical malpractice technical appraisal committee of the district, county or medical university, they may, within 15 days of receiving the appraisal conclusion, apply to the medical malpractice technical appraisal committee of the province, autonomous region or municipality directly under the Central Government for evaluation. Those who are dissatisfied with the appraisal conclusion of the medical accident technical appraisal committee of the province, autonomous region, or municipality directly under the Central Government may file a lawsuit with the people's court within 15 days of receiving the appraisal conclusion.

4.If there is no dispute between the two parties on the appraisal conclusion, they may negotiate on the handling plan; If the negotiation fails, either party can apply to the district, county or medical university for processing. If the parties are not satisfied with the decision, they may apply to the health administrative department of the province, autonomous region or municipality directly under the Central Government for reconsideration within 15 days from the date of receipt of the notice of disposition, or they may directly file a lawsuit with the people's court.

Those who are dissatisfied with the disposition decision or reconsideration decision made by the health administrative department of the province, autonomous region or municipality directly under the Central Government may submit it to the people's court within 15 days from the date of receipt of the notice of the disposition decision or reconsideration decision.

When a person dies in a hospital, medical malpractice may be involved. Procedures for Handling Medical Malpractice: 1

In the event of a medical dispute, the patient and his or her family have the right to submit an appraisal of the medical malpractice or incident within one year after the occurrence of the accident or adverse consequences of the incident. 2.If a patient dies, his or her family shall submit an evaluation of the medical accident or incident within 15 days of the patient's death or receipt of the autopsy report.

The application for an autopsy shall be made within 48 hours after the death of the patient and shall be carried out by the pathological and autopsy department designated by the local health bureau. 3.If both parties to a medical dispute are dissatisfied with the appraisal conclusion of the first medical malpractice technical appraisal committee, they may apply to the medical malpractice technical appraisal committee of the province, autonomous region, or municipality directly under the Central Government for appraisal within 15 days of receiving the appraisal conclusion.

Those who are not satisfied with the appraisal conclusion of the medical accident technical appraisal committee of the province, autonomous region, or municipality directly under the Central Government may file a lawsuit with the people's court within 15 days of receiving the appraisal conclusion. 4.If both parties have no objection to the appraisal conclusion, they may negotiate the handling plan; If the negotiation fails, either party can apply to the district, county or medical university for processing.

If the parties are not satisfied with the decision, they may apply to the health administrative department of the province, autonomous region or municipality directly under the Central Government for reconsideration within 15 days from the date of receipt of the notice of disposition, or they may directly file a lawsuit with the people's court. If the person is dissatisfied with the disposition decision or reconsideration decision made by the health administrative department of the province, autonomous region or municipality directly under the Central Government, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the notice of the disposition decision or reconsideration decision.

If the patient dies and both the doctor and the patient cannot determine the cause of death or have objections to the cause of death of the bridge cavity slag, an autopsy shall be conducted within 48 hours of the patient's death; Where there are conditions for freezing the corpse, it may be extended to 7 days. The autopsy shall be with the consent and signature of the deceased's close relatives.

1. Procedures for doctor-patient disputes.

According to the laws of our country, the processing procedure is as follows:

1.Where medical personnel occur or discover medical negligence or disputes that may cause medical matters in the course of medical activities, they shall immediately report to the person in charge of the department to which they belong, and the person in charge of the department shall promptly report to the medical department in charge of the medical establishment; After receiving the report, the competent medical department shall promptly understand the situation and truthfully report the relevant situation to the person in charge of the medical institution.

2. In the event of a doctor-patient dispute, an investigation shall be immediately organized to verify the relevant situation, and positive and effective measures shall be taken.

3.Preservation of evidence: The case, the doctor and the patient should jointly seal and unseal the treatment tools, and the sealed physical objects shall be kept by the hospital; If inspection is required, the two parties shall jointly designate an institution with inspection qualifications to conduct the inspection; If the two parties cannot jointly designate, the health administrative department shall designate.

Where the autopsy or the cause of the patient's death is unclear, or where both the doctor and the patient have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death with the consent and signature of the deceased's close relatives.

4.Inform the affected party of the treatment opinion.

5.Responsible person for processing.

6.Case Closure Report. If the family member does not obey the handling measures, he or she may file a lawsuit with the people's court.

2. Can the family refuse the autopsy?

Eligible families may refuse an autopsy. For corpses whose cause of death is unknown, the public security organs may compel an autopsy without the consent of the family. Where both parties cannot determine the cause of death or have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death; Where there are conditions for freezing the corpse, it may be extended to 7 days.

Ordinary autopsies shall be agreed and signed by the deceased's close relatives, and ideological work shall be done, and the family may request in writing that the deceased's organs be preserved. Autopsies shall be conducted by institutions and pathological and dissecting professionals who have obtained corresponding qualifications in accordance with relevant state provisions.

3. How long does it take for an autopsy report for medical malpractice to come out?

An autopsy report for medical malpractice is generally issued within 2 to 7 days. Because Chinese law stipulates that if a patient dies and both doctors and patients cannot determine the cause of death or have objections to the cause of death, an autopsy shall be conducted within 48 hours after the patient's death; Where there are conditions for freezing the corpse, it may be extended to 7 days. The autopsy shall be with the consent and signature of the deceased's close relatives.

According to the first paragraph of Article 18 of the Regulations on the Handling of Medical Accidents, if a patient dies and both the doctor and the patient cannot determine the cause of death or have objections to the cause of death, an autopsy shall be conducted within 48 hours of the patient's death; Where there are conditions for freezing the corpse, it may be extended to 7 days. The autopsy shall be with the consent and signature of the deceased's close relatives. The above is the answer to this question.