医疗事故处理条例(英文版)
导读:
医疗事故处理条例(英文版)
Order of the State Council (Docket No. 351)
The Regulation on the Handling of Medical Accidents has been passed at the fifty fifth executive meeting of the State Council on February 20, 2002, and is hereby promulgated for implementation as of September 1, 2002.
Zhu Rongji, Premier of State Council
April 4, 2002
The Regulation on the Handling of Medical Accidents
Chapter I General Provisions
Article 1 The present Regulation has been enacted for the purpose of correctly handling medical accidents, protecting the lawful rights and interests of the patients, medical institutions and the staff members thereof, maintaining the medical order, safeguarding the security of medical treatment, and promoting the development of the medical science.
Article 2 The term “medical accident” as mentioned in the present Regulation shall refer to those that have caused personal injury to the patients negligently by the medical institutions or the staff members thereof in the activities of medical treatment by violating the laws, regulations, ministerial rules concerning medical treatment and health or the standards or conventions of medical treatment and nursing.
Article 3 In the handling of medial treatments, the people involved shall follow the principles of openness, fairness, justice, timeliness, and convenience, be practical and realistic so as to achieve the goal of clear fact finding, precise determination of the nature, clear determination of responsibilities and proper handling.
Article 4 Medical accidents shall be classified, according to the seriousness of the injuries done to the body of the patient, into four categories:
Grade I medical accidents: those that have caused death or serious disability of patients;
Grade II medical accidents: those that have caused mid-level disability or injury to the organs which leads to serious functional obstacles;
Grade III medical accidents: those that have caused mitigated disability or injury to the organs which leads to general functional obstacles;
Grade IV medical accidents: those that have caused obvious injury to the body of patients or other consequences.
The criteria for specific grades shall be formulated by the department of the State Council in charge of health.
Chapter II Prevention and Handling of Medical Accidents
Article 5 Medical institutions and the staff members thereof shall, in the medical treatment activities, rigidly follow the laws, regulations, ministerial rules concerning medical treatment and health and the standards and conventions of medical treatment and nursing, and scrupulously abide by the professional ethics of medical treatment.
Article 6 Medical institutions shall educate the staff members thereof in terms of the law, administrative regulations, ministerial rules concerning medical treatment and health, training of the standards and conventions of medical treatment and nursing, as well as professional ethics of medical services.
Article 7 Medical institutions shall set up departments for the quality control of medical treatments or arrange for full-time or part-time persons to be responsible for supervising the medical treatment of the medical workers of the medical institution, inspecting the professional practice of the staff members, accept the complaints of patients concerning medical treatment, and provide consultation services.
Article 8 Medical institutions shall record and properly keep case history materials in conformity with the requirements of the department under the State Council in charge of health.
In case any case history fails to be recorded due to the rescue of dangerous patients, relevant staff members concerned shall make up the record according to the facts within 6 hours after the rescue finishes, and shall a remark shall be made.
Article 9 It shall be prohibited to alter, fabricate, conceal, destroy or rob case history materials.
Article 10 Any patient shall be entitled to photocopy or reproduce the outpatient case history, in-hospital records, temperature records, doctor’s advice, tests papers (testing reports), medical image examination materials, letters of consent to special examinations, letters of consent to medical operations, medical operations and anaesthesia records, pathological materials, nursing records and other case history materials thereof as provided by the administrative department under the State Council in charge of health.
Where any patient demands to photocopy or reproduce case history materials according to the provisions of the preceding paragraph, the medical institutions shall provide photocopy or reproduction services, and shall attach seal to the photocopied or reproduced case history materials for proof purposes. In the process of photocopying or reproducing case history materials, the patient concerned shall be present at the scene.[page]
声明:该作品系作者结合法律法规,政府官网及互联网相关知识整合,如若内容错误请通过【投诉】功能联系删除.
相关知识推荐
当发生医疗事故,肯定会面临赔偿的问题,很多人在发生医疗事故后是很慌乱的,他不知道该做什么,也就是他不熟悉医疗事故死亡赔偿的流程,因此首先要熟悉医疗事故死亡赔偿的
1、卫生行政部门依照有关法律、行政法规、部门规章的规定,对发生医疗事故的医疗机构和医务人员作出行政处理。2、卫生行政部门接到医疗机构关于重大医疗过失行为的报告后
核心内容:处理医疗事故中其中的一种方式是向卫生行政部门申请处理医疗事故,但是这个必须是在患者与医疗机构共同愿意的情况下。下面由法律快车小编为您介绍医疗事故处理申
医疗事故赔偿纠纷的诉讼时效为三年,应当自受害人自权利人知道或者应当知道权利受到损害以及义务人之日起计算。我国《医疗事故处理条例》规定,发生医疗事故争议,当事人申
医疗事故中医院若不予赔偿的,当事人可以与医院协商解决,协商不成的,可以向人民法院提起诉讼。我国《医疗事故处理条例》规定,发生医疗事故的赔偿等民事责任争议,医患双
医疗纠纷中的当事人对人民法院作出的调解协议书反悔了的,无法自行撤销,必须经人民法院认定调解协议无效之后才可以重新达成新调解协议或者提起诉讼。我国《人民调解法》规
医疗机构不承担赔偿责任的情形包括有:患者或者其近亲属不配合医疗机构进行符合诊疗规范的诊疗的;医务人员在抢救生命垂危的患者等紧急情况下已经尽到合理诊疗义务的;限于
医院出伪证若是构成伪证罪的,会被处三年以下有期徒刑或者拘役。情节严重的,处三年以上七年以下有期徒刑。伪证罪是指在刑事诉讼中,证人、鉴定人、记录人、翻译人对与案件