The civil part can mediate.
Article 48 of the Regulations on Handling Medical Accidents
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 provisions of these regulations.
If the two parties reach an agreement on the amount of compensation through mediation, a mediation agreement shall be made and both parties shall perform it; If mediation fails or one party reneges after reaching an agreement through mediation, the health administrative department will no longer mediate.
Second, how to conduct administrative mediation on medical malpractice compensation disputes.
1, it is risky for us to go to the hospital for treatment when we are sick. In order to prevent medical accidents, the hospital needs a person in charge. Before performing surgery on patients, the hospital will require the immediate family members of the operator to sign the operation risk notice. Although this risk notice is signed, if the hospital intentionally or because of the doctor's personal gross negligence causes medical accidents to the patients, then this risk notice is also invalid.
When a medical accident occurs due to the fault of the hospital, then the hospital needs to compensate us accordingly. If there is any dispute between the two sides about this medical accident, we can submit a written application to the health department where the hospital is located within one year after we know that this medical accident has affected the health of patients. The application should explain in detail the applicant's basic situation, accident facts and related matters that need mediation, but only if we make sure that the patient's health is affected by this treatment method, and it is confirmed by both the patient and the hospital that it is a medical accident, and there is a compensation dispute, can we apply to the health administrative department where the hospital is located for administrative mediation. The mediation of medical malpractice must be carried out voluntarily by both patients and hospitals, and the result of mediation also needs the consent of both parties. The health department has no right to ask for compulsory mediation.
3. If a patient dies in a medical accident or an accident of level 2 or above occurs, the health department where the hospital is located shall, within seven days after receiving the application for mediation from the patient's family or the hospital, transfer the relevant matters of the medical accident to the health department at the next higher level for handling. After the health department successfully mediated the amount of compensation, both parties signed the mediation book of the health department, and one party regretted it. According to Article 48 of China's Regulations on Handling Medical Accidents, if one party goes back on his word after mediation is successful, the mediation will not take effect and the health administrative department will not conduct a second mediation.
Can medical litigation mediate compensation? Civil compensation in medical litigation can be compensated through mediation, but if criminal responsibility is involved, it cannot be resolved through mediation. When one party to a medical lawsuit meets the mediation request of the other party, whether to accept it or not, or not sure whether mediation is feasible, people who want to fight for their rights and interests can find a lawyer.