" precaution of medical treatment dispute and processing byelaw " apply since October 1, 2018.
Origin | Judiciary
On July 31, 2018, li Kejiang of premier of the State Council signs the State Council to make, announced " precaution of medical treatment dispute and processing byelaw " (the following abbreviation " byelaw " ) . " byelaw " apply since October 1, 2018.
A few days ago, judiciary, wholesome health appoint chief " byelaw " concerned problem answered reporter query.
Ask: Introduce simply please " byelaw " the setting that come on stage.
Answer: Enter since 2000, as the constant growth of people health demand, volume of medical treatment service rises continuously, medical treatment dispute happens from time to tome, become acute of contradiction of dispute of partial medical treatment causes intense conflict even, damaged both sides of doctors and patients to close right increase, disturbed order of normal medical treatment, affected social harmony to stabilize.
Settling medical treatment dispute is a cosmopolitan difficult problem. Existence of different also on processing of medical treatment dispute level settles the country such as the United States, Japan, Germany, Korea periodic and expatiatory, patient obtains compensate difficulty, doctors and patients the problem such as contrary aggravate.
Since 2013, our country published a series of concerning to dissolve the medical treatment dispute, file that upholds medical treatment order, measure in national level, a few places also pay attention to mediation of the precaution of medical treatment dispute, people, published local laws and regulations or relevant policy, obtained actual effect. Arrived 2013 2017, amount of issue of our country medical treatment realized small 5 years to decrease successively, but dispute gross still is in exalted level.
The State Council made 2002 " unskillful and faulty medical or surgical treatment handles byelaw " produced effect to precaution and dispute of processing medical treatment, but what basically adjust is the medical treatment dispute that unskillful and faulty medical or surgical treatment causes, the specific aim of precautionary measures is not quite strong also, get used to the need of new condition hard, be necessary to make " byelaw " , on the foundation that sums up executive circumstance, the experience that accumulates the exploration in be being carried out in recent years rises for legal standard, mediate people this one successful practice to try standard and promotion.
Ask: Introduce please " byelaw " the process that draft.
Answer: In January 2015, former wholesome family planning appoint to the State Council the newspaper sent " precaution of medical treatment dispute and processing byelaw (send go over a manuscript or draft) " . Legal system of former the State Council does to seek the opinion of college of concerned branch, local government, part and medical establishment twice early or late, seek an opinion publicly to the society; Go to survey of and other places of Shenzhen, Beijing, Jiangxi, Hubei; Hold expert argumentation to meet with respect to key problem, undertook the branch is coordinated. Go over a manuscript or draft to sending on this foundation undertook iteration modification, formed " precaution of medical treatment dispute and processing byelaw (draft) " .
This year in April, judiciary jointly with wholesome health appoint basis " deepen party and plan of national structural reorganization " , made to draft revise further perfect. On June 20, 2018, standing conference discusses the State Council passed " precaution of medical treatment dispute and processing byelaw (draft) " , on July 31, 2018, the State Council is announced formally " byelaw " .
Ask: Draft " byelaw " what is overall train of thought?
Answer: " byelaw " in the process that draft, basically held on overall train of thought the following at 3 o'clock:
It is the right that balances both sides of doctors and patients and obligation, safeguard bilateral legitimate rights and interests.
2 it is col reach, manage through enhancing security of medical treatment quality, expedite doctors and patients communicates channel, prevent from fountainhead and reduce issue.
3 it is mediation of sufficient play people in settling medical treatment dispute advocate channel action, advocate with flexible means dissolves medical treatment dispute, reduce antagonism of doctors and patients, stimulative doctors and patients is harmonious.
Ask: " byelaw " what content did precautionary respect provide in medical treatment dispute?
Answer: Prevent medical treatment dispute from fountainhead, be " byelaw " a serious content. " byelaw " basically stipulated content of extent of the following tripartite will prevent medical treatment dispute:
It is the day-to-day management that enhances security of medical treatment quality. " byelaw " regulation, begin activity of diagnosis and treatment to ought to be a center with the patient, abide by law, code, diagnosis and treatment strictly relevant standard, groovy, abide by professional morality; Medical establishment ought to fulfil safety of medical treatment quality to run a system, the identifying that augments pair of medical treatment risks, evaluate and prevent accuse; Wholesome director branch ought to supervise and urge medical establishment fulfils safety of medical treatment quality to run a system, strengthen superintend.
The 2 risks that are link of key of service of aggrandizement medical treatment and domain are prevented accuse. " byelaw " regulation, medical establishment begins service of medical treatment technology, ought to suit with photograph of its technology capability, use medical treatment new technology to ought to begin a technology to evaluate examine with ethics, ensure safety is effective, accord with ethics; The replenish onr's stock that should carry out the product such as medicines and chemical reagents, medical apparatus and instruments strictly is checked, wait for a system surely, make sure product quality is safe; Develop the activity of diagnosis and treatment such as operation, special inspection, special treatment, ought to shift to an earlier date provision answers program, be on guard actively sudden risk.
3 it is to strengthen medical treatment to serve medium doctors and patients to communicate. " byelaw " regulation, the patient has authority to consult, data of duplicate and overall medical record; Medical establishment and its medical personnel ought to seek advice to what the patient carries, the opinion undertakes explanatory demonstrative and undertake handling by the regulation, undertake checking to what the patient raises question, be checked oneself and give communicate; Medical establishment ought to be built complain soundly recieve a system, convenient patient is complained or seek advice.
Ask: About the processing of medical treatment dispute, " byelaw " what basic standard to make?
Answer: On one hand, " byelaw " the principle that handles medical treatment issue clearly, way and program. " byelaw " regulation, handle medical treatment issue, ought to follow fair, just, seasonable principle, be practical and realistic, handle lawfully; Produce medical treatment issue, both sides of doctors and patients can talk things over through proper motion, the way such as lawsuit of people mediation, administration mediation, judicatory is solved.
On this foundation, " byelaw " specific and normative proper motion of medical treatment dispute talks things over, people mediation and the program that administration mediates, the expert in making clear people mediation, administration mediation seeks advice, the system such as appraisal, made with judicatory lawsuit join.
On the other hand, " byelaw " normative after medical treatment dispute happens deal with immediately. " byelaw " regulation, produce medical treatment issue, medical establishment ought to be informed have data of honest case history duplicate, objective seals up for keeping wait for a regulation; In the meantime, made clear objective to seal up for keeping to handle the demand with cadaver check with open the envelop and body, in order to go to the lavatory bilateral and fixed evidence, settle dispute.
In addition, " byelaw " right still uphold medical treatment order, deal with illegal criminality made a provision.
