The handling of medical disputes in Jiangxi Province is carried out according to 20 14 Regulations on the Prevention and Handling of Medical Disputes in Jiangxi Province, and the handling methods are divided into three categories.
1, hospital mediation, the claim amount is less than 20,000 yuan;
2. For the third-party mediation organized by the professional mediation committee for medical disputes in local cities and counties, the amount of compensation that patients can claim is within 654.38+10,000 yuan.
3. Court proceedings: In accordance with the provisions of the Tort Liability Law, judicial proceedings are conducted through legal procedures such as filing a case, exchanging evidence, selecting a judicial expertise institution, transferring it to a judicial expertise institution to organize a hearing of medical fault experts, issuing a judicial expertise opinion, holding another hearing for questioning and hearing, and finally making a judgment. The final amount of compensation depends on whether the doctor has a medical fault, whether there is a causal relationship between the medical fault and the patient's damage consequences, the strength of the medical fault to the damage consequences (that is, the degree of fault responsibility), the patient's disability level, whether there is follow-up treatment, nursing dependence, disability AIDS, and whether there is a supporter.
Most of the medical staff's work in the hospital is the first two dispute resolution methods. Once in court proceedings, the hospital's perennial legal counsel and professional medical dispute lawyers usually take over.