Deal with the temporary means in doctors and patients' dispute that Shenzhen issues " "

Deal with the temporary means in doctors and patients' dispute that Shenzhen issues " "
Special despatch of December 22 of www.xinhuanet.com Shenzhen (the faxes of reporter and king) The intersection of Shenzhen and the intersection of municipal government and until " whether dispute, doctors and patients of Shenzhen, deal with the temporary means " 22 standing meeting, this is Shenzhen in order to solve doctors and patients' dispute high-efficiently in time, halts the new method issued because of colony incident that doctors and patients' dispute initiate.
This " method " is divided into the mediation of general provisions, doctors and patients' dispute, 4 parts altogether of arbitration, lawsuit, legal liability of doctors and patients' dispute.
According to the method, doctors and patients' dispute refers to patient's thinking the medical treatment that medical organization and medical worker implemented in the course of treating, but the dispute of the initiation that operation behaviors such as health care,etc. have damaged patient's legitimate rights and interests; Dealing with doctors and patients' dispute should follow the possession and manage, mediate having priority, objective and just, fast and high-efficient principle; When doctors and patients' dispute takes place, the medical organization should mediate the operating room and apply to mediate to doctors and patients' dispute of area under one's jurisdiction where one stays in time, can also apply to mediate to suffer from the side directly; Mediating can't reach an agreement, medicine should instruct doctors and patients that both sides solve the dispute by arbitrating the lawsuit in written form while adjusting the room; Doctors and patients either parties of both sides put forward request for arbitration, the arbitration commission should accept, the municipal government should improve doctors and patients' dispute arbitration mechanism; The intersection of doctors and patients and both sides can seek medical advice, treat medical behavior of organization, form the malpractice and carry on the technical appraisement, doctors and patients both sides do not agree with expert's conclusion of the malpractice, the arbitration commission or people's court can trust the judicial organization to carry on judicial expertise; Doctors and patients both sides bring a suit before people's court in accordance with the law because of the dispute, any organizations and individuals can't interfere; Suffer from and then choose arbitrating or lawsuit to solve the dispute, if badly off can apply for law aid, department should support law aid in accordance with the law; In doctors and patients' dispute, the compensation responsibility which the medical organization should bear, has already participated in medical operation liability insurance and compensation terms which accords with the regulation of the contract of insurance, the insurance company should compensate in accordance with the law, has not participated in medical operation liability insurance, by medical organization to suffer from the side, make, compensate for in time; Ministry of Health and staff member violate this regulation, default the duty or incorrect and fulfil the duty, have the right in the organ to investigate the administrative responsibility in accordance with the law from appointing and removing the organ, supervisory organ or other.
Member of the standing committee of Provincial Party committee of Guangdong, Wang Rong, acting mayor of Shenzhen, think, doctors and patients' dispute is one of the more outstanding social concerns at present, should solve, enable the legal construction of Shenzhen improve constantly by procedure management, by legalizing.
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