What are the procedures for medical malpractice identification?

First, the process of medical accident identification

According to the Regulations on Handling Medical Accidents, the procedures are as follows:

1. entrustment: the medical appraisal institute accepts two forms of entrustment: the doctor and the patient jointly entrust; The administrative department of health is entrusted by the medical association to organize the appraisal.

2. Acceptance: After receiving the power of attorney, the medical appraisal institute will review and issue a notice of acceptance, informing both parties to provide the materials needed for appraisal within 5 days from the date of acceptance.

3. Composition of the expert appraisal team: The medical appraisal institute determines the composition and number of the expert appraisal team according to the disciplines involved in the accident dispute. In principle, it should be at least an odd number of 3 people, and the experts in the main disciplines should not be less than 1/2 of the members of the expert appraisal group.

4. Organization appraisal: The medical appraisal office shall notify doctors, patients and appraisal experts within 1 week before the appraisal meeting. The number of participants in the appraisal shall not exceed 3. After discussion by the expert group, an appraisal conclusion is formed according to the unanimous opinion of more than half of the members of the expert appraisal group, and a medical accident technical appraisal book is made.

5. Re-appraisal: If the parties are not satisfied with the conclusion of the first technical appraisal of medical accidents, they can apply to the health administrative department that originally accepted the application for re-appraisal within 15 days after receiving the first appraisal, or they can entrust the medical associations of provinces, autonomous regions and municipalities directly under the Central Government to organize re-appraisal.