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How to mediate and prosecute medical disputes

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How to mediate and prosecute medical disputes


        

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  • 2024-06-15 14:00:49

    The way of mediation after medical disputes: First, the health administrative department accepting the mediation should follow the principle of voluntariness of both parties, organize both parties to mediate according to law, and finally confirm the specific amount of compensation. If both parties reach an agreement on the amount of compensation, a mediation statement should be prepared. If no agreement can be reached, the mediation should be terminated. The way of prosecution: first, draft a bill of complaint, and then submit it to the people's court. The people's court shall try and make judgments according to law. Finally, both parties shall execute the effective judgment.

    Legal basis

    Article 46 of the Regulations on the Handling of Medical Malpractice, civil liability disputes such as compensation for medical malpractices can be settled through consultation between doctors and patients; If the parties are unwilling to consult or the consultation fails, they can apply to the administrative department of public health for mediation, or they can directly file a civil lawsuit with the people's court.

    Article 47 of the Regulations on the Handling of Medical Accidents, if both parties negotiate to resolve civil liability disputes such as compensation for medical accidents, an agreement shall be made. The agreement shall specify the basic information of both parties and the cause of the medical accident, the level of medical accident jointly determined by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.

    w***

    2024-06-15 14:00:49

  • civil Relevant knowledge

  • law

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