The treatment process is as follows: 1. When patients or their close relatives have disputes over the medical services of medical institutions, they should first submit disputes to the medical accident dispute acceptance offices of various medical institutions, show their ID cards, and fill out the Application for Medical Data Seal, which medical institutions are obliged to provide. Medical data must be sealed in the presence of both parties, and the seal must be signed by the patient and sealed by the medical institution, and the sealed medical data shall be kept by the medical institution. If the patient requests to copy the medical records, according to Article 10 of the Regulations on Handling Medical Accidents, the objective medical records shall be copied in the presence of both parties, and the medical institution shall issue a certificate consistent with the original. 2. If there is any dispute over the death of the patient, the close relatives of the deceased first question the medical malpractice dispute acceptance office of the medical institution, show their ID cards, fill in the autopsy proposal provided by the medical institution, and conduct an autopsy by a qualified autopsy institution at the provincial level within 48 hours. The autopsy fee is paid by the requesting party to the provincial autopsy institution, and who is ultimately responsible for it? 3. If the medical malpractice dispute needs to be appraised, the appraiser shall go to the Medical Malpractice Dispute Division (Medical Administration Division) of the Health Bureau to fill in the Application for Administrative Handling of Medical Malpractice Dispute, and the Acceptance Division shall review it within 10 days from the date of receiving the application, make a decision on whether to accept it, and notify the patients and doctors in writing. In accordance with the provisions of these regulations, to be accepted, the need for technical appraisal of medical accidents; If the patient is not dead, it shall submit the materials to the State Medical Association responsible for the technical appraisal of medical accidents within 5 days from the date of making the acceptance decision, and notify the applicant in writing; If the patient dies, the relevant materials shall be transferred to Wenshan Health Bureau for treatment within 5 days from the date of making the acceptance decision, and the applicant shall be notified in writing. Those who do not conform to the Regulations on the Handling of Medical Accidents will not be accepted, and the applicant will be notified in writing to explain the reasons. 4. There are three ways to solve medical malpractice disputes: consultation between doctors and patients, mediation by health administrative departments and judgment by people's courts. 5. In the event of a medical accident in a medical institution, the Health Bureau shall, according to the level and circumstances of the medical accident, give a warning or order it to suspend business for rectification or revoke its practice license within a time limit, and give administrative or disciplinary sanctions to the responsible medical personnel. If the circumstances are serious, the court shall investigate criminal responsibility according to law.
Legal objectivity:
After the occurrence of medical accidents, medical institutions and medical personnel should take immediate measures to prevent the expansion of the consequences of damage to patients and reduce the losses caused to patients, which is also conducive to the timely and proper handling of medical accidents. The general procedures for handling medical accidents mainly apply to the procedures stipulated in the Regulations on Handling Medical Accidents. At the same time, the general procedures for handling medical accidents also apply to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China and the Criminal Procedure Law of People's Republic of China (PRC). General procedures for handling medical accidents: Article 13 of the Regulations on Handling Medical Accidents stipulates: "If a medical staff occurs or discovers a medical accident in medical activities, which may lead to medical negligence or medical accident disputes, it shall immediately report to the person in charge of the department where it belongs, and the person in charge of the department shall promptly report to the department or full-time (part-time) personnel in charge of monitoring the quality of medical services in this medical institution; After receiving the report, the department responsible for monitoring the quality of medical services or full-time (part-time) personnel shall immediately investigate and verify, truthfully report the relevant situation to the person in charge of the medical institution, and inform and explain the patient. " Article 14 stipulates: "In the event of a medical accident, a medical institution shall report to the local health administrative department in accordance with regulations. If the following major medical negligence occurs, the medical institution shall report to the local health administrative department within 12 hours. " The prescribed reporting system has the following functions: (1) After the occurrence of a medical accident or incident, report it to the superior doctor or administrative leader immediately, so as to take effective remedial measures in time and minimize the adverse effects of the accident or incident on patients. (2) Grasping the first-hand information and evidence in time is helpful for the accurate identification, accurate characterization and correct handling of medical accidents or incidents. Therefore, after the occurrence of a medical accident or incident, only when it is reported immediately can the medical unit send special personnel to keep all kinds of materials needed to find out the case, and seal up and keep the scene to avoid some situations that are not conducive to the identification and handling of the medical accident or incident. (3) After a medical accident, medical institutions, patients and their families often have disputes about the nature and causes of the accident or event, and it is difficult to unify their understanding, which requires technical appraisal or autopsy. Only by reporting immediately can the medical unit or the health administrative department investigate and deal with it in time, especially in the case of death, and can the autopsy be carried out in time to ensure the accuracy of the autopsy results. Autopsy should be organized by qualified institutions and personnel within 48 hours. The medical unit or the patient's family refused to conduct an autopsy, or delayed the autopsy for more than 48&; Hours, affecting the determination of the cause of death, the party that refuses or delays shall be responsible. (4) When there is any dispute over the identification and handling of medical accidents, it shall be submitted to the local medical association for identification and handled by the health administrative department. If they are dissatisfied with the conclusion made by the expert group on technical appraisal of medical accidents or the treatment made by the health administrative department, the patients, their families and medical units may apply to the technical office of medical accidents at the next higher level for re-appraisal within 15 days from the date of receiving the conclusion or treatment notice, or apply to the health administrative department at the next higher level for reconsideration, or bring a lawsuit directly to the local people's court.