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How to calculate the prescription of medical malpractice appraisal

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How to calculate the prescription of medical malpractice appraisal


        

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  • 2024-06-04 19:00:03

    The time limit for identification of medical malpractice is one year from the date when the medical malpractice knows or should know that its health is damaged. After receiving the application of the party concerned, the administrative department of public health shall hand it over in writing to the medical association responsible for the technical appraisal of the first medical accident to organize the appraisal.

    [Legal Basis]

    In Article 20 of the Regulations on the Handling of Medical Accidents, after receiving a report from a medical institution on gross medical negligence or an application from a party to a medical accident dispute for handling a medical accident dispute, the administrative department of public health shall, if it is necessary to conduct a technical appraisal of medical accidents, submit it to the medical association responsible for the technical appraisal of medical accidents to organize the appraisal; If the medical malpractice dispute needs to be resolved through consultation between doctors and patients, the medical association responsible for the technical appraisal of medical malpractice shall be jointly entrusted by both parties to organize the appraisal.

    Article 37 of the Regulations on the Handling of Medical Accidents states that in the event of a medical accident dispute, if the party concerned applies to the health administrative department for handling, it shall submit a written application. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant.

    The party concerned may, within one year from the date when he knows or should know that his health has been damaged, apply to the administrative department of public health for handling the dispute over medical accidents.

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