How long after the judgment of the medical dispute court, compensation should be performed after the judgment. In civil litigation, it takes six months for the ordinary procedure to close the case and three months for the summary procedure.
What is the process of handling medical disputes?
(1) negotiation between the two parties: for small and medium-sized medical institutions, when the fault is obvious and there is no dispute about what constitutes a medical accident, try to solve it through consultation. For large medical institutions, the possibility of successful negotiations is relatively small.
(2) Administrative treatment: apply to the medical administrative department for mediation, and if there is any dispute about whether it constitutes a medical accident, take the initiative to apply for medical accident appraisal; After the appraisal conclusion is made, it can be negotiated or mediated by the medical administrative department.
Mediation procedure of health administrative department
If it has been identified as a medical accident, the health administrative department may, at the request of both parties to the medical accident dispute, conduct medical accident compensation mediation. Mediation should follow the principle of voluntariness of both parties, and the amount of compensation should be calculated in accordance with the Regulations on Handling Medical Accidents.
(3) Litigation: If the above channels cannot be solved, collect relevant evidence, write a complaint, submit it to the people's court, and bring a lawsuit to the court. If circumstances permit, try to file a case for various other reasons of personal injury. This is related to the legal application of the case and the best interests of the parties.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Regulations on Handling Medical Accidents
Article 46
Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 47
If the two sides resolve civil liability disputes such as medical accident compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.