In case of medical disputes, you can complain through the local health hotline or apply to the accident office of the Health Bureau for medical accident identification, and search and save relevant evidence. In addition, the people's mediation committee can also be consulted for mediation, or a lawsuit can be brought to the people's court where the accident occurred. The legal basis is according to Article 12 18 of the Civil Code: If a medical institution or its medical staff is at fault in the course of diagnosis and treatment, the medical institution shall be liable for compensation.
Second, the private clinic medical malpractice dispute handling process
After the occurrence of a medical dispute, if the patient and the hospital can reach a settlement agreement on the basis of full consultation on the principle of equality and voluntariness, the validity of the settlement agreement shall be recognized.
(1) The reconciliation between doctors and patients should follow the provisions of laws and regulations, and only the civil liability can be negotiated, and the administrative and criminal responsibilities of the hospitals and medical personnel involved cannot be avoided.
(2) Patients who participate in the reconciliation must have a direct interest in the hospital, enjoy civil rights and bear civil obligations according to law, such as patients with full capacity for civil conduct, or their guardians, heirs and agents.
(3) The hospital participating in the reconciliation must be represented by the legal representative of the hospital, that is, the president, and his behavior on behalf of the hospital should be recognized as legal and effective. Other hospital personnel who participate in reconciliation must hold a power of attorney stamped with the official seal of the hospital, and their reconciliation behavior is legal and effective.
Three, the medical dispute judicial expertise procedures
If the medical dispute cannot be successfully mediated, judicial expertise can be conducted to determine whether it constitutes a medical accident and what is the level of the medical accident. According to the results of judicial expertise, take legal procedures. Judicial expertise includes medical malpractice technical expertise and judicial expertise. It is usually completed within thirty working days. The procedure of judicial appraisal of medical malpractice includes entrustment, acceptance, appraisal and appearing in court.
(1) delegation. Judicial authentication institutions and social professional judicial authenticators accept the entrustment of judicial organs to engage in judicial authentication of entrusted matters; The entrustment of non-litigation case evaluation is subject to industry norms.
1. Judicial authentication institutions accept the entrustment of judicial organs and arbitration institutions.
2, in litigation cases, in the case of clear burden of proof, judicial authentication institutions can also accept the parties entrusted to conduct judicial authentication. When the parties entrust judicial expertise, it is generally carried out through a law firm.
(2) acceptance. After receiving the power of attorney, the judicial authentication institution shall examine the matters entrusted by the client and make the following decisions:
1, for those who meet the acceptance conditions and can decide to accept immediately, the judicial authentication institution shall sign the Judicial Authentication Entrustment Acceptance Contract with the client;
2. If the acceptance cannot be decided immediately, it shall issue the Receipt of Entrusting Materials for Judicial Appraisal to the client, and make a decision on whether or not to accept it within 7 days from the date of receiving the entrusted materials.