(1) reconciliation
1. First get the patient's ID card, copy and stamp the objective medical record in the medical record room (Article 6 1 of Tort Liability Law), then complain to the corresponding departments and medical staff of the Medical Department and immediately ask the hospital to solve it. The shorter the time, the less preparation the medical department has, and the more advantageous we will be in the negotiation. This is the time to put pressure on the hospital. When choosing the reception staff in the hospital, it is best to directly find the director or dean of the medical department to solve it, because other staff members have no authority to solve it, but only delay the time. If left unattended by the hospital, the patient should immediately complain to the district health bureau or the superior health bureau and ask the administrative department to intervene. 2. At the beginning of the negotiation, the lawyer put forward the damage consequences in routine diagnosis and treatment and the fault of medical staff (evidenced by medical records and bills). Please refer to Articles 54-64 of Tort Liability Law, Regulations on Handling Medical Accidents and Basic Norms for Medical Records Writing. After several rounds of negotiations, the lawyer finally put forward the compensation standard, and the hospital made a counter-offer, and finally determined the compensation. If we are satisfied, we can solve it smoothly. If you are not satisfied, you can solve it through other channels.
Negotiation skills:
1. At the beginning of the negotiation, according to the patient's right to know, you can directly check the practicing certificates of relevant medical personnel. If the hospital can't get it out, it will directly investigate the responsibility of the hospital and medical staff for illegal medical practice according to Articles 13 and 14 of the Law on Medical Practitioners. If the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of Article 336 of the Criminal Law. Or according to the provisions of Article 335 of the Criminal Law, medical personnel who are seriously irresponsible and cause death or serious damage to the health of patients shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. At this time, the hospital will feel pressure, which is conducive to the next negotiation.
2. If the patient is present, you can let the patient fully explain the injuries and serious consequences, express disappointment in the hospital and vent accumulated emotions, but you must avoid medical troubles.
3. If the attending medical staff confronts the patient face to face, the patient and the lawyer must argue according to reason and make the medical staff afraid, because in medical disputes, the general medical staff basically make routine diagnosis and treatment mistakes, so when the patient struggles, the medical staff feel sorry for the loss, and then we can get the initiative to ask for high compensation.
The medical department is responsible for the negotiation. Generally speaking, there are two kinds of people, one is the bad COP and the other is the bad COP. In most cases, the white police are the people who have power in the medical department. Defend the bad COP and don't be disturbed by the bad COP.
(2) Mediation
1. Administrative mediation: the competent authority-People's Mediation Committee for Medical Disputes (a third-party people's mediation organization).
As a third-party people's mediation organization, the Medical Commission. Coordinate the disputes between doctors and patients and finally determine the plan. If both parties agree to mediation, it will be settled smoothly, otherwise it will be settled by other means. Mediation plays a certain role, but it needs to be strengthened in practice.
2. Administrative complaint: go to the district and city health bureau where the medical institution is located to complain about the illegal medical structure or illegal medical behavior, and ask the health bureau to resolve the dispute as soon as possible. If the Health Bureau does not actively resolve this dispute, it can also complain to the Provincial Health Department and ask for the settlement of this dispute.
(3) Civil litigation.
Authority: The court where the hospital is located has jurisdiction.
First of all, the hospital sends people to negotiate with patients or their families. Because patients or their families may be excited, the hospital must consider the problem from the patient's point of view and comfort patients with emotion. If a settlement can be successfully reached through negotiations, then this will be the best solution.