On October 8, 20 10/kloc-0, the Ministry of Justice, the Ministry of Health and the China Insurance Regulatory Commission jointly issued the document "Opinions on Strengthening People's Mediation in Medical Disputes" (Sifatong [2065438+00] No.5), explicitly requiring people to intervene in medical disputes through mediation.
At the third meeting of the 14th People's Congress of Dalian held at the beginning of 20 10, Sun Xizhuo and other deputies 10 put forward the proposal of "Measures for Handling Medical Disputes in Dalian", which was identified as one of the four NPC deputies' proposals that attracted much attention. The Municipal People's Congress Education, Science, Culture and Health Committee deliberated this proposal. It was deliberated and adopted at the 18th meeting of the Standing Committee of the 14th Municipal People's Congress. The report suggests that the municipal government and relevant departments should strive to introduce measures for handling medical disputes in Dalian within this year, and establish a third-party mediation mechanism for medical disputes as soon as possible to provide legal protection for the people to enjoy a good medical environment and safe and efficient medical services.
In order to effectively alleviate the disputes between doctors and patients, members of the medical and health sector of Dalian CPPCC put forward three suggestions in the form of a sector proposal "Suggestions on establishing a third-party mediation and medical liability insurance mechanism for medical disputes" at the Third Session of the 11th CPPCC on 20 10: First, set up a third-party mediation agency for medical disputes and build a platform for mutual trust between doctors and patients; The second is to establish a medical liability insurance system to effectively share the risks of medical liability; The third is to introduce the treatment methods of medical disputes in Dalian.
Vice Mayor Zhu Chengqing of the municipal government attached great importance to this matter and instructed Deputy Secretary General Yu Tao to take the lead in promoting the establishment of a medical dispute mediation mechanism in Dalian. Deputy Secretary-General Yu Tao not only led relevant personnel to Tianjin, Nanjing, Shanxi and other places for special investigation, but also held several coordination meetings. The Finance Bureau, the Insurance Regulatory Bureau and the Civil Affairs Bureau have given strong support and cooperation. After several months of preparation and unremitting efforts, the municipal government held the unveiling ceremony of the People's Mediation Committee for Medical Disputes in Dalian on October 8, 20 1 1 year. This marks the handling of medical disputes in our city, and the third-party mediation mechanism has been introduced since then.
Vice Mayor Zhu Chengqing delivered an important speech at the unveiling ceremony. Give high praise to the establishment of the Municipal Medical Commission and place ardent hopes on it. We are required to improve the working mechanism, innovate working ideas and solve practical problems. It requires us to organically combine people's mediation with medical liability insurance to ensure the neutrality and authority of medical dispute mediation to the greatest extent, so as to handle medical disputes fairly and build a harmonious doctor-patient relationship.
After the establishment of the Medical Commission, major news media reported many times, and Xinhua News Agency and china national radio also conducted interviews and reports, with good response and good social impact and evaluation. Leaders of the Central Comprehensive Management Office, the Ministry of Justice and the Ministry of Health, Yu Tao, Deputy Secretary-General of the Municipal Government, Dong Degang, Deputy Director of the Provincial Health Department, and Chen Hailong, Deputy Director of the Municipal Health Bureau led relevant comrades to the Medical Adjustment Committee for investigation and guidance.
Under the leadership of the Municipal Party Committee and the Municipal Government, a leading group for people's mediation of medical disputes in Dalian was established in February, 20 10, with Zhu Chengqing, vice mayor as the leader. The leading group consists of the office and the Dalian People's Mediation Committee for Medical Disputes.
Dalian People's Mediation Committee for Medical Disputes is a private non-enterprise social organization registered in Dalian Civil Affairs Bureau and filed in Zhongshan Judicial Bureau. At present, its work is directly led by Dalian People's Mediation Office for Medical Disputes. Office address:No. Xinglin Street 100, Zhongshan District, with employees 10, including legal experts and medical experts. At present, there are 1 deputy director (presiding), 4 people's mediators, 3 assistant mediators and 2 other staff members. The office area is nearly 300 square meters (it is a rented community public building), with reception hall, three mediation rooms, an archive room and staff office area. Start-up funds and operation funds are allocated by the municipal government.
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The People's Mediation Center mainly mediates all kinds of major contradictions and disputes in the whole region and cases that cannot be mediated at the town (street) level. The types of cases include doctors and patients, labor and capital, major traffic accidents, land acquisition and demolition, etc. In addition, it is necessary to implement the connection between litigation and mediation, mediate cases that are difficult for the court to mediate, reduce litigation costs, eliminate the opposition between the original defendant and the defendant to the maximum extent, relieve the pressure of the court and grassroots judicial offices in handling cases, and make all kinds of social contradictions, especially cases that are easy to cause mass incidents, be resolved in time.
The People's Mediation Center operates in the form of services purchased by the government, and has set up an expert database for mediation of legal, medical disputes and labor disputes. Members of the expert database have also been hired as central mediators. At present, the center has more than 80 part-time mediators. After accepting the case, the center will entrust a suitable mediator to mediate according to the nature of the case and the situation of the parties. After the mediation, according to the results, mediation methods, the degree of standardization of the case, the number of mediators, etc. In each case, the non-public mediators involved in mediation will be given a certain subsidy.
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1 Introduction
The People's Mediation Committee for Medical Disputes [1] is mainly responsible for the people's mediation, legal aid and risk prevention and control suggestions of medical disputes in the whole city. With the assistance of the health and judicial departments, an expert database composed of legal and medical experts will be established, and unified medical care will be established in the local area according to the principles of unified insurance scheme, unified product liability, unified work steps, unified insurance price, unified insurance participation and unified claims service.
2 mediation steps
When a medical dispute occurs, the medical institution will call the relevant hotline to report it in time, and the call center will transfer the case to the local medical commission; The medical commission will arrange mediators to rush to the scene in time to understand the situation and guide the disputes between doctors and patients from the hospital to the outside. According to the needs, organize appraisal meetings or joint meetings to determine the nature, responsibilities, losses and compensation of disputes; Mediators conduct mediation in accordance with the principles of fairness, justice, rationality and legality, and sign mediation agreements according to the evaluation results; The compensation center issues a notice of indemnity payment to the insurance company according to the mediation result, and the insurance company pays the insurance indemnity to the patient within the agreed time. The establishment of the third-party mediation mechanism makes the handling of medical disputes more convenient, fast, fast and efficient, and takes a big step towards the goal of "returning peace to hospitals, fairness to doctors and patients, and social harmony". Mediation does not charge any fees to both doctors and patients.
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Introduction of Benxi People's Mediation Committee for Medical Disputes 1. Background of the establishment of the People's Mediation Committee for Medical Disputes 1. The contradiction between doctors and patients is prominent. The medical and health industry is a high-tech, high-risk and practical experience-oriented industry. The medical technology is developing rapidly, with the participation of various uncertain factors and human factors. Medical work itself is full of great risks. With the continuous participation of young medical staff, their weak legal awareness, lack of professional ability and lack of communication ability are the medical factors for frequent medical disputes. When seeking medical treatment, patients often have high psychological expectations, expecting a good medical environment and a group of serious and responsible medical staff with superb medical skills and noble medical ethics to provide quality services to ensure their early recovery. That's understandable. The problem lies in the objective reality of medical institutions, and there is often a certain gap and dissatisfaction with patients' psychological expectations. It will inevitably lead to contradictions between doctors and patients. With the improvement of people's awareness of law and self-protection, people often take up legal weapons to defend their legitimate rights and interests, which is the patient factor of the surge in medical disputes. (2) The channels for resolving medical disputes are not smooth enough, which is not conducive to disposal. Traditionally, there are three channels to solve disputes between doctors and patients, 1. Both doctors and patients negotiate to solve it; 2. Administrative mediation by the Municipal Health Bureau; 3. Judicial proceedings. Doctor-patient consultation solution Because both doctors and patients seek to maximize their interests and protect their own rights and interests as much as possible, the consultation process has become a marathon, and sometimes even a violent struggle, and it is extremely difficult to reach an agreement. The Municipal Health Bureau is the competent department of medical institutions, and its administrative mediation function is inevitably defined as "being both an athlete and a referee" and "Lao Zi judging his son", and its administrative mediation opinions are naturally branded as "unfair" and rarely considered. The judicial procedure should be fair and just. Due to the prejudice that people are unwilling to go to court in history, the litigation procedure is complicated, the term is long, and a certain proportion of legal fees are charged, etc., it is not optimistic. Medical disputes have surged, and the contradiction between doctors and patients is prominent. However, due to various drawbacks in the system and interests, it is more difficult to solve medical disputes, and the contradiction between doctors and patients is out of control, which leads to illegal acts such as patients attacking medical institutions, disrupting normal medical order, and beating and injuring medical personnel due to medical disputes. (3) The government-led third-party intervention in the doctor-patient relationship has attracted great attention of the Party and the government. 20 10 People's Republic of China (PRC), the Ministry of Justice, the Ministry of Health and the China Insurance Regulatory Commission jointly issued the Opinions on Strengthening People's Mediation in Medical Disputes. The opinion requires governments at all levels to attach great importance to the people's mediation of medical disputes, and cities should set up a leading group for people's mediation of medical disputes led by the judicial bureau and attended by relevant government departments to be responsible for the organization, leadership and management of people's mediation of medical disputes in their respective regions. The leading group consists of the People's Mediation Committee for Medical Disputes (hereinafter referred to as the Medical Mediation Committee), which is specifically responsible for the people's mediation of medical disputes in insured medical institutions in the region. The staff and office expenses of the medical adjustment Committee are guaranteed by the municipal finance. Compensation for medical damage shall be collected by the insured insurance company according to a certain proportion of compensation for medical disputes in the previous year. The Benxi Municipal Party Committee and Municipal Government attached great importance to this work, set up a leading group for people's mediation of medical disputes in Benxi, which was attended by relevant departments, promulgated the Measures for the Prevention and Disposal of Medical Disputes in Benxi, and established the People's Mediation Committee of Medical Disputes in Benxi, which was specifically responsible for the mediation of medical disputes in insured medical institutions in this region. II. Composition of the Medical Commission According to the nature of the work of the Medical Commission, senior retired medical management cadres, medical business backbones, lawyers and insurance company staff who love people's mediation, understand the law, medical management and medical business are hired to form a mediation team. Among them, there are 3 senior professional and technical titles, 2 intermediate professional and technical titles, 1 assistant mediation title. At the same time, CMCC also hired 120 medical experts and lawyers to help CMCC solve difficult medical disputes. Three. Responsibilities of the medical commission 1. Responsible for providing consulting services for various medical disputes arising from differences between insured medical institutions and medical personnel and patients or their families in the examination, diagnosis and treatment, nursing process or diagnosis and treatment results. 2 responsible for the investigation and verification of medical disputes. 3. Responsible for medical tort fact finding, tort liability and tort compensation 1 more than 10,000 yuan. 4. According to the relevant national laws and regulations, rules and medical knowledge, guide both doctors and patients to solve medical disputes fairly and reasonably, ease the contradiction between doctors and patients, and protect the legitimate interests of both sides according to law. 5. After mediation, if both doctors and patients reach a mediation agreement on tort liability and compensation amount, a mediation agreement and a notice of claim will be issued, and the insurance company will make claims. 6. Organize both doctors and patients to fill in the Application for Confirmation of Medical Disputes and apply to the people's court for confirmation, so as to improve the implementation rate. 7. Regularly summarize and analyze the information of medical disputes, put forward suggestions for improvement, give feedback to the Municipal Health Bureau in time, and urge medical institutions to take measures to improve the quality of medical services. 8. Regularly report the work progress, existing problems and measures to solve problems to the municipal leading group for medical disputes, and continuously improve the quantity and quality of mediation. Four, the medical adjustment Committee attribute medical adjustment Committee is led by the people's mediation leading group of medical disputes in Benxi City, and is responsible for the people's mediation leading group of medical disputes in Benxi City. Accept the supervision, management and business guidance of the leading group for dispute settlement, which is essentially a civil mediation organization. In the specific mediation practice, it pursues an independent and neutral third-party position, and has no affiliation with the health administrative department, no economic relationship with medical institutions, no interest relationship with patients, and no economic relationship with insurance companies. The process of mediation according to law is not interfered by any organization or individual, and its correct mediation opinions are binding after being recognized by both parties and confirmed by the people's court. V. Mediation Concept of the Medical Commission The mediation concept of the Medical Commission is voluntary, lawful, fair, just, convenient and quick, and close to the people. Voluntary means that both doctors and patients can choose medical commission or other means when solving disputes. When choosing the mediation of the medical commission, both doctors and patients should entrust it. According to the law, in the process of mediation, the Medical Commission mainly determines the liability and compensation amount of medical damage according to the Tort Liability Law, rather than the Regulations on Handling Medical Accidents, so that the identification of the facts of tort damage will be broader and the compensation amount will be more. The Medical Commission conducted mediation in strict accordance with the law, not because of different backgrounds and different mediation objects, but because of bending the law. If it does not constitute a medical infringement, it will not be supported. Tort damage must be determined and compensation must be paid in full. The so-called fairness and justice, the Medical Commission is a neutral, independent and independent third-party organization that presides over mediation work, and will not take sides. The completely open mediation process and the principle of mediation according to law contribute to the fairness and justice of mediation. The mediation procedure of the Medical Commission is simple and quick. Generally, it is determined whether to accept the dispute case within 3 working days, and in principle, the investigation, verification, tort liability determination and tort claim processing of the dispute are completed within 30 working days. Generally, after 2-3 mediation activities, all mediation work can be completed. Being close to the people is a brand-new concept of the Medical Commission. In the process of medical dispute mediation, patients are a vulnerable group. The medical commission informs patients of their rights and obligations, reminds patients of the burden of proof, and helps patients defend their legitimate rights and interests with legal weapons. The mediation process of the medical commission is free, unlike the appraisal fees and legal fees charged by the health administrative department and the court. The mediation principle of intransitive verbs medical commission is based on facts and takes law as the criterion. In the process of mediation, the medical commission restores the true colors of medical disputes by listening to the statements of both doctors and patients and conducting on-the-spot investigation and verification on key issues. According to the Tort Liability Law and other relevant laws and regulations, medical experts and lawyers are invited to confirm tort liability and tort compensation, highlighting their impartiality and credibility.
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