Procedure 1
Technical appraisal of medical malpractice
According to the Regulations on the Handling of Medical Accidents promulgated by the State Council, after receiving the report of the medical institution on the major medical malpractice or the application of the parties to the medical malpractice dispute for handling the medical malpractice dispute, the health administrative department shall submit the medical association responsible for the technical appraisal of the medical malpractice to organize the appraisal.
If the medical malpractice dispute is resolved through consultation between the doctor and the patient, and the medical malpractice technical appraisal is required, the medical association responsible for the medical malpractice technical appraisal shall be jointly entrusted by both parties to organize the appraisal.
Procedure 2
Three ways to deal with medical disputes
There are three ways to deal with medical disputes: consultation, administrative handling and litigation. When the patient and the hospital cannot solve the problem through consultation, they can take two other ways to deal with it. First, they can submit a written application to the health administrative department of the county-level people's government where the medical institution is located; The second is to bring a lawsuit to the place where the medical institution is located.
Procedure 3
Evidence of medical disputes
According to the relevant regulations of our country, medical institutions have the burden of proving whether their medical behavior constitutes a medical accident. At the same time, according to the Regulations on the Handling of Medical Accidents promulgated by the State Council, the medical association responsible for organizing the technical appraisal of medical accidents should notify the parties to the medical accident dispute to submit the materials required for the technical appraisal of medical accidents within 5 days from the date of accepting the technical appraisal of medical accidents.
Both doctors and patients shall submit relevant materials according to regulations. If a medical institution fails to truthfully provide relevant materials without justifiable reasons, resulting in the failure of technical appraisal of medical accidents, it shall bear the responsibility.
Prompt: According to the Regulations on the Treatment of Medical Accidents, the materials submitted by medical institutions for the technical appraisal of medical accidents should include: (1) the original medical records of inpatients, including the course records, the discussion records of death cases, the discussion records of difficult cases, and the consultation opinions; （2） Original medical records of inpatients, such as inpatient records, temperature sheets, medical orders, laboratory tests, special examination consent, operation consent, operation and anesthesia records, pathological data, nursing records, etc.
Procedure 4
Compensation for medical accidents
Zhang Shubing, a member of the law team of "serving readers" of the morning newspaper and lawyer of Xinjiang Liheli Law Firm, said that the specific compensation amount should be determined by taking into account the level of medical malpractice, the degree of responsibility of medical malpractice in the consequences of medical malpractice damage, the relationship between the consequences of medical malpractice damage and the patient's original disease status and other factors.
Both doctors and patients can negotiate and mediate the specific amount of compensation.
If it is not a medical accident, the medical institution shall not be liable for compensation.
If the patient believes that the physical injury is caused by the infringement of the hospital, it can also apply the provisions of the General Principles of the Civil Law and its relevant judicial interpretation, and sue according to the cause of action for personal injury infringement compensation.