Medical malpractice appraisal

Medical malpractice appraisal

Medical malpractice identification, medical malpractice is also a common thing in life. If it is necessary to identify whether it is a medical accident after a medical accident, then let's take a look at the medical accident identification.

Medical malpractice appraisal 1 1. Medical malpractice appraisal

The first is the start of technical appraisal of medical malpractice. According to the regulations, the health administrative department shall organize the medical malpractice technical appraisal by the responsible medical association after receiving the report of major medical negligence of medical institutions or the statement that the parties to the medical malpractice dispute request to handle the medical malpractice dispute. Medical malpractice disputes need to be identified through consultation between doctors and patients, and both parties shall entrust a medical association to organize the identification.

Second, the processing program

1. Once a medical dispute occurs, patients and their families have the right to put forward the appraisal of the medical accident or incident within 1 year after the accident or incident causes adverse consequences.

2. If the patient dies, his family members shall identify the medical accident or incident within 15 days after the death of the patient or after receiving the autopsy report. Among them, the application for autopsy should be made within 48 hours after the death of the patient and carried out by the pathological anatomy 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 accident technical appraisal committee, they may apply to the medical accident technical appraisal committee of the province, autonomous region or municipality directly under the Central Government for appraisal within 15 days from the date of receiving the appraisal conclusion. If you are dissatisfied with the appraisal conclusion of the technical appraisal committee of medical accidents in provinces, autonomous regions and municipalities directly under the Central Government, you may bring a lawsuit to the people's court within 15 days from the date of receiving the appraisal conclusion.

4. If both parties have no objection to the appraisal conclusion, they can negotiate on the treatment plan; If negotiation fails, either party may apply to the county or medical university for handling. If they are not satisfied with the decision, both parties 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 receiving the notice of handling, or they may bring a lawsuit directly to the people's court.

Anyone who refuses to accept the decision made by the health administrative department of a province, autonomous region or municipality directly under the Central Government may bring a lawsuit to the people's court within 05 days from the date of receiving the notice of decision.

Third, the difference between accident identification and judicial identification

1. From the starting sequence of appraisal, the technical appraisal of medical malpractice should precede the judicial appraisal of medical malpractice, and the judicial appraisal of medical malpractice can only be carried out if the technical appraisal of medical malpractice does not constitute medical malpractice.

2. From the form of entrustment, the first technical appraisal of medical accidents can only be entrusted to the local municipal medical association with districts, and the second appraisal can only be entrusted to the provincial medical association of this province; When necessary, the Chinese Medical Association can organize technical appraisal of medical malpractice disputes that are difficult, complicated and have great influence in the whole country. The technical appraisal of medical malpractice has obvious regionality and hierarchy. However, the judicial expertise of medical faults is not limited by geographical scope, and there is no subordinate relationship between appraisal institutions.

3. From the appraisal procedure, the medical association shall determine the composition and number of expert appraisal groups according to the disciplines and specialties involved in medical malpractice disputes. The expert appraisal group conducts technical appraisal of medical accidents and implements collegiate system.

Judicial expertise is an appraisal conducted by two judicial appraisers designated or selected by an appraisal institution; In the process of identification, a judicial authentication institution may consult experts in related professional fields outside the institution if it encounters particularly complicated, difficult and special technical problems, but the final expert opinion shall be issued by the judicial appraiser of the institution.

4. From the form of evidence, the medical malpractice technical appraisal book only covers the special seal of medical malpractice technical appraisal, and the members of the expert appraisal team did not sign the appraisal book. Therefore, it is impossible for members of the expert appraisal team to appear in court to accept questions from the parties, which is an obvious defect in the use of the medical malpractice technical appraisal book as evidence.

The expert responsibility system shall be implemented in the judicial appraisal of medical faults, and the judicial appraisal shall be signed or sealed by the judicial appraiser; After being notified by the people's court according to law, the judicial appraiser shall testify in court and answer questions related to the appraisal matters.

Identification of medical malpractice. How to bring up medical malpractice appraisal?

1. If both parties need to carry out medical malpractice technical appraisal through consultation, they shall entrust the medical malpractice technical appraisal office of the Medical Association in writing to organize medical malpractice technical appraisal.

First, doctors, patients, parties or agents fill in the "power of attorney" and sign it.

B, the medical agent should show my ID card, medical institution's practice license, medical institution's legal representative's ID card and the original power of attorney for inspection, and at the same time provide a copy of the agent's ID card, medical institution's practice license, medical institution's legal representative's ID card and the original power of attorney for filing to the medical malpractice technical appraisal institute.

C. The patient and/or his agent shall present the patient's ID card or the original ID card and power of attorney issued by the police station where his/her household registration is located, or the legal agent's ID card and the legal agent's ID card issued by the police station where his/her household registration is located for inspection, and provide the patient's ID card, a copy of the authorized agent's ID card and the original relevant certificates to the medical accident technical appraisal office for filing.

2, the health administrative department of medical malpractice technical appraisal, shall be handed over to the medical association responsible for the first medical malpractice technical appraisal in written form.

3. The technical appraisal of medical accidents entrusted by judicial organs shall be directly transferred by judicial organs.

Second, how to pay the appraisal fee

1. If both parties entrust the technical appraisal of medical accidents, the appraisal fee shall be paid in advance by both parties through consultation.

2. For the technical appraisal of medical malpractice handed over by the health administrative department, the appraisal fee shall be paid in advance by the parties who put forward the dispute settlement of medical malpractice.

3, the local health administrative departments at or above the county level shall, after receiving the report of major medical negligence of medical institutions, hand over the technical appraisal of medical accidents to the medical association, and the appraisal fee shall be paid by the medical institutions.

4. Entrust the judicial department to conduct technical appraisal of medical accidents, and the appraisal fee shall be paid by the parties who file a lawsuit.

5. According to the appraisal result after appraisal, the appraisal fee shall be settled through consultation between doctors and patients, or decided by the administrative department of health and the judicial department.

6, by the financial department of the medical association according to the pricing provisions of the price department to collect appraisal fees, and issue a receipt.

3. How does the Provincial Medical Association accept the technical appraisal of medical malpractice?

1. After confirming that the appraisal fee has been paid, the Medical Association will send a written acceptance notice (mail or delivery receipt) to the entrusting parties, and the acceptance date will be subject to the payment date.

2. The medical association shall, within 5 days from the date of accepting the technical appraisal of medical malpractice (subject to the date of payment), notify both parties to the medical malpractice dispute to submit the materials required for the technical appraisal of medical malpractice in accordance with the provisions of Article 28 of the Regulations on the Handling of Medical Malpractice. The medical malpractice technical appraisal materials submitted by medical institutions shall include the following contents:

A, inpatient course records, death case discussion records, difficult case discussion records, consultation opinions, superior doctor rounds and other original medical records;

B. Original medical records such as hospital medical records, temperature sheets, doctor's orders, laboratory tests (inspection reports), medical imaging data, special inspection consent, operation consent, operation and anesthesia records, pathological data and nursing records;

C, emergency patients, fill in the original medical records within the prescribed time;

(4) The sealed infusion, articles for injection, blood, medicines and other physical objects, or the inspection report of an inspection agency with inspection qualification according to law on these articles and physical objects;

E other materials related to technical appraisal of medical malpractice.

F, emergency patients with medical records, the medical records provided by medical institutions; Medical institutions have not established medical records, which are provided by patients.

3. The parties concerned shall submit materials, written statements and defense related to the technical appraisal of medical accidents within 10 days from the date of receiving the notice from the medical association (subject to the postmark or the date of receipt).

4. Under what circumstances will you not be admitted?

1, those who do not meet the admission conditions will not be accepted by the medical association. If it is not accepted, the reasons shall be explained by written notice (mail letter or delivery receipt).

2. According to the provisions of Article 13 of the Interim Measures for Technical Appraisal of Medical Accidents, the Medical Association will not accept the technical appraisal of medical accidents under any of the following circumstances:

First, the parties directly apply to the medical association for identification;

B. The medical malpractice dispute involves many medical institutions, and the medical association where one medical institution is located has accepted it;

C, medical malpractice disputes reached an agreement or judgment through mediation by the people's court;

D, the parties have filed a civil lawsuit to the people's court (except entrusted by the judicial organ);

E. Illegally practicing medicine causes health damage to patients;

F. Failing to pay or not paying the appraisal fee in full;

G. other circumstances stipulated by the Ministry of health.

Medical malpractice identification 3 medical malpractice identification process:

The first step is to write an application first, and then submit it to the local health bureau, which will help you with the formalities;

The second step is to formally apply for medical malpractice appraisal in the medical association, and then pay the appraisal fee first. Keep the payment receipt. If the prosecution is successful, the appraisal fee will be compensated by the hospital. You know, after the medical association, there will be a lottery procedure, that is, the extent to which experts draw lots, so you can just draw at will. If the patient has died, but there is no autopsy, experts will also invite forensic doctors to join;

The third step is to write a written appraisal and make the situation clear. This car statement is more professional, not only concise but also highlights the key points. In fact, it is necessary to specify what is wrong with treatment and diagnosis. If you are not good at writing, you can find a doctor and be professional.

This written statement is very important. The statement includes two aspects, one is the process of medical accident, and the other is the view of family members, who think that the hospital is not properly treated. The expert of appraisal is reading this written appraisal, and will not make redundant oral narration. In front of experts, the presentation should be professional so that they can study it carefully. Lawyers do not need to attend the appraisal meeting.

When a medical accident happens, we should keep calm and take useful measures to get compensation. Instead of dealing with it by extreme means, it will not only get no compensation, but also fall into the quagmire of crime. As long as we follow the process of medical accident identification, it is a relatively safe way to handle it.

If there is a medical accident and you don't know what to do, you can find a professional lawyer and give you professional guidance. At the same time, it will also be helpful to the lawsuit and may win the lawsuit.