How to talk about medical disputes with hospitals? It is difficult to solve medical disputes through consultation after they occur, because it involves personal injury and compensation. And it will become very complicated. Therefore, as patients and their families, how to discuss medical disputes with hospitals?
How to talk about medical disputes with hospitals 1 medical disputes?
Before consulting with the hospital, it is suggested to consider the following questions:
First, we should know what the fault of the hospital is, which is the basis of hospital compensation;
Second, determine what losses the hospital has given you;
Third, how much compensation should be paid according to relevant regulations;
Fourth, at which price is the psychological bottom line of negotiation;
It is suggested that it is best to hire a lawyer with medical knowledge in the local area, which can protect your interests to the maximum extent.
Medical dispute handling process
1, after the occurrence of medical disputes or complaints, the head of the department shall immediately report to the medical department, and the concealer shall bear all possible consequences.
2, disputes caused by medical problems, departments should first investigate, quickly take active and effective measures to control the situation, strive to solve within the department, to prevent the intensification of contradictions, and receive patients and their families, listen carefully to the opinions of patients, and explain the relevant issues according to the opinions of patients. If the patient can accept it, the dispute complaint ends here.
3, the medical department after receiving the department report or family complaints, should be registered in time, and to the relevant departments to understand the situation, and negotiate with the department director * * * solution, if patients can accept the dispute complaint so far.
If the patient can't accept it, please ask the patient to provide written materials on the understanding and requirements of the problem. After the medical department investigates and implements, it puts forward a solution, reports it to the dean in charge, and negotiates with the patient to handle the opinion. If the patient accepts, the treatment will be terminated.
4. For medical disputes that cannot be solved by the medical department, it is recommended that patients or their families conduct medical appraisal according to legal procedures. Patients who do not recognize, prosecute or listen to explanations and take illegal actions that affect the normal medical order in our hospital shall be reported to the county health, public security, judicial and other departments for handling in accordance with the Notice of the Ministry of Health and the Ministry of Public Security on Maintaining the Order of Medical Institutions.
Ways to solve medical disputes (legal procedures)
1, based on the principles of voluntariness, legality and fairness, both doctors and patients conducted mediation at the head of the doctor-patient dispute mediation room of the county people's mediation center.
2. Patients or their families may apply to the Medical Administration Unit of the County Health Bureau for technical appraisal of medical accidents.
3. Patients or their families may bring a lawsuit to the county people's court, and the court will organize and arrange judicial expertise or medical malpractice expertise, and make a civil judgment according to the appraisal conclusion.
The above contents are related answers. When negotiating with the hospital, you must know what is wrong with the hospital and you must be able to produce evidence. After you have the important evidence of this crime, you can negotiate with the hospital.
How to talk about medical disputes with hospitals? 1. How to negotiate.
1. Both doctors and patients reached an agreement through consultation, and no specific third party participated.
2, the health administrative department presided over the medical dispute mediation agreement. In this way, one or both parties apply to the health administrative organ, and under the auspices of the administrative organ, the two parties to the medical dispute reach an agreement.
3. When the dispute enters the litigation procedure, the people's court may preside over the mediation of both parties to reach an agreement. This agreement shall take effect immediately after delivery, and there is no appeal.
Second, another way of negotiation.
1. Mediation by the People's Mediation Committee means that both parties * * * apply to the Mediation Committee for mediation, and the Mediation Committee will preside over mediation and reach an agreement. This kind of mediation procedure is standardized, and the agreement reached becomes a legal agreement without legal reasons for revocation, and no fees are charged.
2, lawyers to participate in or witness the medical dispute agreement. This way means that both parties reach an agreement through consultation with the participation of one or both lawyers. Its advantage is that it can make a more standardized agreement.
Third, sign the agreement.
1. First of all, we must strictly follow the general principles of China's contract law. I suggest that the signing process be notarized.
2. Secondly, we should do "meaning is true". This requires both doctors and patients to identify medical behavior realistically. It is advisable to list your own views in the agreement first, and then state the facts that both parties agree with.
After the dispute, the two sides are in a state of confrontation. Some hospitals will think that the agreement reached is coerced by patients. Actually, it's not. According to the civil law of our country, coercion will only happen if you or your close relatives are coerced.
4. Many agreements also stipulate that "patients shall not sue for this matter for any reason", which is against the law.
Because the party's right to sue is a right stipulated by civil law. Therefore, the content of the agreement cannot violate the legal provisions and public interests.
Otherwise, the dispute agreement is invalid. If the doctor is worried that the patient will sue again after the agreement is signed, it can be agreed that "both doctors and patients will give up all litigation rights based on the creditor-debtor relationship" or "all creditor-debtor relationships caused by medical disputes will end here".
5. The determination of compensation amount is an important part of the agreement. The compensation items and calculation methods stipulated in the Regulations are the "yardstick" for determining compensation through consultation. If both doctors and patients clearly indicate that the dispute constitutes infringement or medical malpractice, it is best to agree on "compensation", and the word "compensation" can be used if it is not recognized.
Finally, because the disputed facts constitute the main terms of the agreement, the lack of them will lead to the failure to perform the contract. Therefore, it is best not to omit the identification of the disputed facts, including the identification of the reasons and nature of the dispute, which should be written into the agreement in detail.
How to discuss medical disputes with hospitals 3 1 How to communicate medical malpractice with hospitals.
After a medical accident, the patient or relatives can negotiate with the medical institution to determine the amount of compensation. If it is difficult to negotiate, you can apply to the main health management department for mediation.
Second, medical fault identification procedures
1, application for medical fault identification
Both doctors and patients can apply for medical fault identification. However, after the implementation of the Regulations on Handling Medical Accidents, only when the medical institution is at fault will it bear the compensation responsibility corresponding to the fault procedure, and the burden of proof will be borne by the patient.
When a medical dispute occurs, if the patient cannot prove that the medical institution is at fault, the medical institution shall not be liable for compensation. Therefore, medical fault identification is often applied by patients.
2. Cross-examination of appraisal materials
After the patient puts forward the medical fault identification, he should submit the identification materials to the court to prove that the medical institution is at fault; Medical institutions can also provide evidence to prove that medical institutions are not at fault. After the materials are submitted to the court, the court will set a time for both parties to cross-examine. During cross-examination, both parties mainly express whether they have any objection to the authenticity of the materials, and their probative force need not be debated.
3. Selection of evaluation institutions
After the court gives the materials to the technical department, the technical department will set a time for both doctors and patients to choose a judicial authentication institution for medical fault identification. If the doctors and patients can't reach an agreement, they can decide the appraisal institution by drawing lots or shaking numbers.
4. Pre-assessment hearing
After the technical department of the court selects the appraisal institution, it will forward the appraisal materials to the appraisal institution, and the appraisal institution will decide whether to accept them after receiving the appraisal materials. After the appraisal institution decides to accept it, it will organize a doctor-patient hearing before the appraisal, and both doctors and patients will submit materials and state their opinions.
5. Supplementary identification materials
In the process of appraisal, if the appraisal institution thinks that the materials submitted by both parties are omitted, it may notify the court to require both doctors and patients to submit supplementary materials needed for appraisal. The court will inform both doctors and patients to submit supplementary materials needed for appraisal, and then the materials after cross-examination will be handed over to the technical department, which will then hand them over to the appraisal institution.
6. Release of evaluation results
According to the materials and statements submitted by both doctors and patients, the appraisal institution organizes experts to conduct appraisal, and then issues a judicial appraisal, stating whether the medical institution is at fault and the degree of fault participation.