In any of the following circumstances, the "medical mediation meeting" will not accept it: the parties have filed a lawsuit in the people's court; The party concerned applies to the health administrative department for administrative treatment and is accepted; After mediation by the Mediation Committee, it is difficult for both parties to reach an agreement, and one party requests mediation again; Disputes caused by illegal medical practice; Medical disputes in medical institutions outside the jurisdiction; Other civil disputes caused by non-medical behaviors of medical institutions.
If the patient neither agrees to mediation, nor brings a lawsuit to the court, nor applies for medical malpractice dispute settlement, and disrupts the medical order under an excuse, the public security organ shall handle it according to law.
The "Measures" stipulate that if a patient commits one of the following acts, which constitutes a violation of public security management regulations, the public security organ shall punish him according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
1. refusing to move the body to the funeral home, gathering people to occupy the consulting room or office of a medical institution and disturbing public order; 2. Insulting, slandering or beating medical personnel, infringing on their personal freedom and interfering with their normal life; 3. Destruction of facilities, equipment, property, medical records, archives and other important materials of medical institutions; 4. Other acts that disrupt medical order, if the circumstances are serious.
After the dispute between doctors and patients, the most important link for patients is to master the medical records and related materials. First of all, we should master the medical records as timely and comprehensively as possible.
Medical records are divided into two parts, namely, objective medical records and subjective medical records. Objective medical records refer to the data that objectively record the patient's condition, examination and treatment results, including outpatient medical records, inpatient medical records, temperature sheets, doctor's orders, laboratory sheets (inspection reports), medical imaging examination data, special inspection consent, operation consent, operation and anesthesia records, pathological data, nursing records and other medical records stipulated by the health administrative department of the State Council; Subjective medical records refer to the records of medical staff's subjective opinions on patients' condition and treatment, which reflect their subjective understanding of patients' diseases and their diagnosis and treatment, as well as their subjective motives for implementing medical behaviors, including death case discussion records, difficult case discussion records, superior doctors' rounds records, consultation opinions and course records.
Subjective medical records should be sealed and unsealed in the presence of both doctors and patients, and patients should make full use of this right to safeguard their legitimate rights and interests; Or apply to the people's court for evidence preservation and legal access to medical records before or during litigation.
After obtaining medical records and other information, patients can consult medical experts and professional lawyers to roughly determine whether it is a medical accident, whether the doctor is at fault, and whether it constitutes a medical tort. However, patients are not allowed to steal, detain or destroy medical records, otherwise they will bear adverse legal consequences.
For the identification (autopsy) of patients' corpses, the identification result is one of the important evidences for the legal rights protection of patients' families in the process of handling medical disputes.
According to Article 18 of the Regulations on Handling Medical Accidents, if both doctors and patients cannot determine the cause of death or disagree with it, an autopsy shall be conducted within 48 hours after the death of the patient; It can be extended to 7 days if it meets the requirements for cryopreservation of corpses. Autopsy shall be approved and signed by the close relatives of the deceased. Autopsy shall be conducted by public security organs and professional technicians of pathological anatomy who have obtained corresponding qualifications in accordance with relevant state regulations. The parties to a medical malpractice dispute may designate representatives to observe the autopsy process. According to the "Regulations", if both doctors and patients, especially the patient, refuse or delay the autopsy for various reasons, and the determination of the cause of death is affected by the prescribed time, the party who refuses or delays shall bear the responsibility. In other words, in this case, the patient's family members may face the possibility of losing the case because they do not do an autopsy.
Some patients' families overreacted to the death of patients, thinking that medical institutions killed people and would not move the bodies or cremate them without compensation, thus putting pressure on medical institutions. In fact, this practice not only does not help the handling of accidents, but also violates the law. According to the Notice of the Ministry of Health and the Ministry of Public Security on Maintaining the Normal Diagnosis and Treatment Order of Medical Institutions: "Medical institutions are important social public places to save lives and protect people's lives and health. It is forbidden for any unit or individual to disturb the normal diagnosis and treatment order of medical institutions for any reason or means, infringe on the legitimate rights and interests of patients, endanger the personal safety of medical personnel and damage the property of medical institutions; After the death of patients in medical institutions, their bodies must be disposed of in a timely manner in accordance with regulations. The bodies of patients with infectious diseases should be moved to the mortuary immediately. Without the permission of the medical institution, it is strictly forbidden to park the body in other places outside the mortuary of the medical institution. According to Article 19 of the Regulations on Handling Medical Accidents, if a patient dies in a medical institution, he should immediately move the body to the mortuary. Generally speaking, the storage time of corpses should not exceed two weeks. Bodies that are not disposed of within the time limit shall be disposed of by medical institutions in accordance with the regulations after being approved by the health administrative department where the medical institution is located and reported to the public security department at the same level for the record. "
In any of the following circumstances, the medical institution shall not be liable for compensation: (1) the patient or his close relatives do not cooperate with the medical institution that meets the diagnosis and treatment standards; (2) Medical personnel have fulfilled the obligation of reasonable diagnosis and treatment in emergency situations such as saving dying patients; (3) Due to the medical level at that time, it was difficult to make diagnosis and treatment.