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天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin)

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天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin)天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin) 天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin) Promulgated by t...

天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin)
天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin) 天津市医疗事故处理办法实施细则(Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin) Promulgated by the people's Government of Tianjin Municipality (promulgated by the people's Government) 19881115 (time of promulgation) 19890101 (time of implementation) Decree No. eighth (No.) of Tianjin Municipal People's Government Detailed rules for the implementation of the measures for the handling of medical accidents in Tianjin Article 1 These rules are formulated in accordance with the relevant provisions of the measures for the handling of medical accidents issued by the State Council (hereinafter referred to as the "measures"), and in accordance with the circumstances of our city. Second these rules are applicable to the administrative area of the city at all levels of medical institutions and individual doctors, rural doctors opened the medical accident occurrence or possible medical accident events (hereinafter referred to as the medical accident or incident handling). The definition, classification and grade of the third medical accidents shall be carried out in accordance with the provisions of articles second, fifth and sixth of the measures. In the fourth diagnosis and nursing work, one of the following circumstances is not medical malpractice: (a) in the diagnosis, treatment and nursing process, responsibility, due to technical reasons, occurrence of violation of rules and regulations, medical treatment and nursing routine dereliction of duty, as well as technical mistakes, but did not cause the death, disability, organ damage leads to dysfunction. (two) limited to the current level of medicine or medical conditions, it is difficult to make correct diagnosis of the disease; a serious, sharp change, special physique and congenital malformation, difficult to cure diseases; all with allergic reactions to prescribed drug allergy testing and treatment and side effects, resulting in patient death (including death), lead to dysfunction disability, tissue and organ damage. (three) according to a variety of routine operation of special examination, organ damage is inevitable; according to the normal operation of the operation, because of severe local tissue adhesions, anatomic variation, damage to the surrounding tissue, causing bleeding; according to routine operation, operation after the tissue adhesions, anastomotic leakage and secondary infection. (four) treatment technology and application of the new method, the implementation of the reporting system to consult, made full preparations, and the approval of the patient or family members agree to sign, no fault in the medical personnel situation, causes the patient's death and disability and dysfunction of organ damage. Fifth, after medical accidents or incidents, should be reported step by step. The medical unit of the medical personnel should immediately report to the person in charge of the Department; the department head should be responsible for the report within two hours of the unit; the person in charge of the unit shall report a health administrative department within twenty-four hours. The opening of individual doctors, rural doctors and medical accident or incident, should be within twenty-four hour of the district (county) report of the administrative department of health; district (county) health administrative department and then submitted to the municipal administrative department of health. Article sixth medical units of medical accident or incident, should immediately be patient medical record and raw data of the unit to save medical affairs department. After an individual practitioner or country doctor has medical malpractice or incident, he shall immediately transfer all the original data to the administrative department for health in the district (county). The patients and their families should be kept in good care of the medical units and the administrative departments for public health. Article seventh medical units of medical accident or incident, the report also investigated immediately, to listen to the patient or family members, check the facts, make a conclusion, and report to the main person in charge of consent. Conclusion the treatment unit is mainly responsible for the consent should be written to the local district (county) health administrative department, the municipal public health administrative departments to. The municipal medical unit shall be reported directly to the Municipal Department of public health administration. Article eighth after the medical practice or rural doctor has undergone medical malpractice or incident, the local health administrative department shall organize the investigation and treatment, and the relevant departments and units concerned should be assisted. Ninth, the occurrence of the patient died, clinical diagnosis can not identify the cause of death, in the conditions permit, medical units, individual practitioners, rural doctors must be commissioned autopsy. Before the autopsy, the patient's family members should be justified, and strive to obtain their consent, and perform signature procedures. The medical unit, the individual practitioner, the country doctor or the patient's family refuse to carry out an autopsy, or delay the postmortem examination for more than forty-eight hours and affect the determination of the cause of death. The party concerned is responsible for the decision of the cause of death. Tenth the occurrence of medical accidents or incidents of medical units responsible for autopsy procedures and transporting the bodies; district (county) health administrative departments to assist the occurrence of medical accidents or events of individual practitioners, rural doctors for autopsy procedures and transporting the bodies. The autopsy work shall be undertaken by the medical or teaching institution designated by the administrative department of public health of this municipality. Autopsy fees (including freight) are paid by medical units, individual practitioners and rural doctors, respectively. Article eleventh of the city and county (county) two Medical Malpractice Technical Identification Committee (hereinafter referred to as identification Committee) identification system. The municipal and district (county) public health administrative departments shall be the routine work organs of the appraisal committees at the same level. The candidates of the twelfth municipal and district (county) appraisal committees shall be nominated by the municipal and district (county) administrative departments for public health and submitted to the people's governments at the corresponding levels for approval. The Accreditation Committee may, according to the needs, set up a number of clinical medical and nursing professional groups, and formulate work rules and regulations. Article thirteenth in the identification of medical malpractice, the members of the identification committee when there is a significant difference of opinion, should be further verification, re organization of identification. In the case of further identification, opinions may be made by the members of the committee to which the opinions are divided, and the opinions of more than half shall be the expert conclusion. The expert conclusion shall notify the sick or relative, medical unit, individual doctor and village doctor in written form within one month after the voting. The competent department of health administration shall not change the expert conclusion of the appraisal committee. Fourteenth medical accident medical units and individual practitioners, rural doctors should be based on the identification of the request of the committee to provide timely supplementary materials; all patient check should obey the identification necessary for the patient and family members should provide all relevant information available, assist the identification of the work. Fifteenth members of the non Identification Committee and other personnel who are not invited by the appraisal committee shall not participate in the appraisal work. The scope of the Commission invited by the appraisal committee shall be limited to the professional medical personnel necessary for the identification work. If the members of the appraisal committee are interested in or involved in the medical malpractice or incident, they shall avoid it. Sixteenth patients or their families and medical units, individual practitioners, rural doctors to confirm medical accidents or events and handling of disputes, can be brought to the district (county) appraisal committee were identified after the treatment by the administrative departments of public health at the same level. The conclusions made by the Identification Committee of the district (county) or the handling of the work done by the administrative department for public health at the corresponding level. The patient or family and medical units, individual practitioners, rural doctors can be received in the conclusion or notice within fifteen days from the date of the city to apply for re identification or identification committee to the municipal health administrative department for reconsideration. Seventeenth patients or their families and medical units, individual practitioners, rural doctors jointly apply for identification, appraisal fees by medical units, individual practitioners, rural doctors party advance; one for identification, appraisal fees by the application of a party in advance. In the case of medical malpractice, the appraisal fee shall be paid by the medical unit, the individual practitioner and the village doctor; if the medical malpractice is not included, the appraisal fee shall be paid by the patient or the family member. Medical accident or incident in Tianjin eighteenth troops to open local medical institutions and national departments in independent or affiliated medical units, medical units handled by the superior competent department or unit leadership department. Can also entrust the district (county) and city Identification Committee for identification. Article nineteenth for medical malpractice, medical units, individual practitioners, rural doctors to give the patient or family one-time economic compensation. Its standard is: First class medical accident: compensation from three thousand yuan to four thousand yuan. Infants under the age of three are one thousand yuan, and the newborn is seven hundred yuan. Two medical malpractice: compensation from three thousand yuan to five thousand yuan. Three medical malpractice: compensation from two thousand yuan to three thousand yuan. Infants under the age of three are seven hundred yuan, and the newborn is five hundred yuan. Twentieth, the social medical treatment, joint medical treatment, medical malpractice payments required by the medical burden of all parties, the burden of each proportion of the contract execution. The twenty-first units of the patient and their families shall not reduce the welfare benefits and living allowances for the sick or their families in accordance with the law due to the medical malpractice compensation. Twenty-second patients or their families shall not be an excuse to transfer their accounts, medical accidents require relocation or resettlement housing allocation, etc.; in the medical accident or incident and the death of the patient, family members may not be patient in medical treatment, body forced indwelling administrative office premises. If the bodies are not dealt with in time, they shall be forcibly cremated on the basis of the relevant provisions on the cremation of non normal dead bodies, and the expenses incurred shall be borne by the family members of the patients. Twenty-third of medical accidents caused by the directly responsible personnel, medical units in accordance with the provisions of the "measures" in twentieth to 5% to 10% at the outside, a liability accident is directly responsible the burden of compensation. Those who are directly responsible for the two or three level accidents shall bear 3% to 5% of the compensation amount. Twenty-fourth for medical units, medical administration, logistics management, medical accident caused by mutually making excuses, a health administrative department according to the "measures" provisions for medical institutions and relevant departments responsible for the administrative responsibility, 5% to 10% and the amount of compensation for the burden of responsibility. Twenty-fifth medical practitioners, medical accidents occurred by the trainees, interns responsible. If a technical accident occurs, it is the responsibility of the teaching instructor who is not responsible for the teaching of the instructor; if it fails to report and act arbitrarily according to the regulations, the person who is in charge of the study or internship shall be responsible for it. The medical institution receiving the trainees and trainees shall be responsible for arranging the medical accidents into written materials, making suggestions for treatment and transmitting them to the trainees for further study and training. In the event of serious medical malpractice, the trainees shall stop their further studies and internships. The medical malpractice compensation fee shall be paid to the patient or relative by the medical unit receiving the further education and internship. Twenty-sixth of these Rules shall be explained by the municipal health bureau. Article twenty-seventh these Rules shall come into effect on January 1, 1989. Until then, medical malpractice cases that have been dealt with are no longer processed. In December 12, 1997, the Legislative Affairs Bureau of the State Council recorded the records (sources) Local regulations (categories) Y (using logos) 1 (rank)
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