Medical disputes as mentioned in these Regulations refer to disputes caused by differences in understanding of the consequences, causes, responsibilities and compensation of examination, diagnosis, treatment and nursing between patients and their close relatives and medical institutions and their medical staff. Article 3 The prevention and treatment of medical disputes shall follow the principles of territorial management, graded responsibility, prevention first and legal treatment. Article 4 The people's governments at or above the county level shall strengthen their leadership over the prevention and handling of medical disputes, incorporate the prevention and handling of medical disputes into the social governance system, and coordinate and solve major problems in the prevention and handling of medical disputes. Article 5 The competent health department of the people's government at or above the county level shall standardize the access of medical institutions, strengthen the supervision and management of medical institutions and their medical personnel, urge medical institutions to improve the quality of medical services, ensure medical safety, and do a good job in the prevention and handling of medical disputes. Article 6 The judicial administrative department of the people's government at or above the county level shall strengthen the guidance on people's mediation of medical disputes, promote the standardization of people's mediation of medical disputes, and be responsible for the management and supervision of judicial authentication institutions engaged in medical damage appraisal and their appraisal activities. Article 7 The public security organs of the people's governments at or above the county level shall maintain the public order of medical institutions according to law, strengthen the supervision and guidance on the internal public security work of medical institutions, and promptly investigate and deal with illegal and criminal acts that infringe on the personal and property safety of medical personnel, patients and their close relatives and disrupt the order of medical institutions. Eighth people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the prevention and handling of medical disputes. Article 9 Township people's governments, sub-district offices, village (neighborhood) committees and relevant units where medical institutions are located, patients' domicile or residence are responsible for cooperating with the people's governments at or above the county level and their relevant departments to prevent and handle medical disputes. Article 10 A people's mediation system for medical disputes shall be established.
The people's mediation committees of cities and counties (cities, districts) with districts are responsible for the people's mediation of medical disputes within their respective administrative areas.
Comprehensive social governance institutions at or above the county level shall, according to local conditions, guide and coordinate the establishment of people's mediation committees for medical disputes, and incorporate the prevention and handling of medical disputes into the scope of comprehensive social governance assessment. Eleventh to encourage and support medical institutions to participate in medical liability insurance, to encourage patients to participate in medical accident insurance.
The competent health department of the people's government at or above the county level shall guide medical institutions to participate in medical liability insurance. Insurance supervision and management institutions shall strengthen the supervision and management of medical liability insurance underwriting and claims settlement, and protect the legitimate interests of the insured and the insured according to law. Twelfth people's governments at all levels and their relevant departments should strengthen the publicity of medical and health management laws and regulations and the education of medical and health common sense, and guide the public to treat medical risks rationally.
When reporting medical disputes, news media should be objective and fair, and abide by professional ethics. Thirteenth medical and health industry associations and other social organizations should strengthen the self-discipline of the medical and health industry and promote medical institutions and their medical staff to practice in good faith. Chapter II Prevention of Medical Disputes Article 14 Medical institutions shall strengthen the professional ethics education and professional training of medical staff, improve the communication ability between doctors and patients, establish and improve the medical quality monitoring and evaluation system, the medical safety responsibility system and the fault accountability system, and improve the medical quality management and control system. Article 15 Medical institutions shall establish and improve the medical dispute handling system, set up departments or staff to handle medical disputes, clarify the responsibilities of the heads of medical institutions, departments and medical personnel in handling medical disputes, and standardize the procedures for handling medical disputes. Article 16 Medical institutions shall establish and improve the communication mechanism between doctors and patients, set up a unified complaint window and reception place, be equipped with full-time (part-time) staff, and announce the methods and procedures for solving medical disputes and the responsibilities, addresses and contact information of relevant institutions such as the People's Mediation Committee for medical disputes in a prominent position, so as to facilitate patients and their close relatives to complain or consult. Seventeenth medical institutions and their medical personnel shall abide by the following provisions in medical activities:
(a) abide by the laws, regulations and rules of medical and health management, abide by the norms of diagnosis and treatment and operating procedures, and abide by the professional ethics of medical services.
(2) Care, love and respect patients and protect their privacy.
(three) treatment due to illness, reasonable treatment.
(four) truthfully inform the patient's condition, medical measures, medical risks, medical expenses, etc. , patiently answer their inquiries and do a good job of psychological counseling; If the patient is truthfully informed that there may be adverse consequences, the patient's close relatives shall be truthfully informed.
(5) If surgery, special examination, special treatment or experimental clinical treatment are needed, the written consent of the patient or his near relatives shall be obtained. If the opinions of patients and their close relatives cannot be obtained in emergency situations such as rescuing dying patients, the corresponding medical measures can be implemented immediately with the approval of the person in charge of the medical institution or the authorized person in charge.
(six) in accordance with the provisions of the state to write and save medical records.