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| 医疗事故处理条例（英文版） |
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| http://www.dffy.com 2006-10-11 11:22:06 来源：东方法眼 |
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ttled through negotiation between both parties, the medical institution shall, within 7 days after the dispute is settled through negotiation, report in written form to the administrative department of the place where it is located, attaching a copy of the agreement.
Article 44 If a medical dispute is settled through the mediation the people’s court or through judicial decision, the medical institution shall, within 7 days after receiving the letter of mediation or judgment of the people’s court that has come into force, report in written form to the administrative department of health where it is located, attaching a copy of the letter of mediation or judgment.
Article 45 The administrative department of health under the people’s government on the county level and above shall report the medical accidents and the administrative punishments given to the medical institutions and staff members thereof according to relevant provisions level-by-level to the administrative department under the State Council.
Chapter V Compensations for Medical Accidents
Article 46 Disputes of civil liabilities including compensations for medical accidents may be settled between both parties through negotiations. If the parties concerned refuse to or fail to settle the dispute through negotiations, the parties concerned may file an application to the administrative department of health for mediation or institute a civil action directly to the people’s court.
Article 47 Where both parties settle disputes of civil liabilities concerning a medical accident through negotiations, a letter of agreement shall be concluded. The letter of agreement shall clearly specify the basic information about the parties concerned, the causes of the medical accident, the grade of the medical accident consented to by both parties, and the sum of compensations decided through negotiations, and shall be signed by the parties concerned.
Article 48 Where a medical accident is determined, the administrative department of health may, upon the request of the parties concerned to the medical dispute, make mediations concerning the compensations over the medical accident. In the process of mediation, the principle of voluntariness by the parties concerned shall be observed, and the sum of compensations shall be calculated according to the relevant provisions of the present Regulation.
If, after mediation, the parties concerned reaches a consensus over the sum of compensation, a letter of mediation shall be concluded and be performed by the parties concerned. If the mediation fails or if any of the parties goes back on its words after reaching a consensus, the administrative department of health no longer makes any further mediation.
Article 49 The following elements shall be taken into consideration in the determination of the specific sum of compensation for a medical accident:
(1) The grade of the medical accident;
(2) The seriousness of the negligent medical act in the consequences of the injury caused by the medical accident;
(3) The relationship between the injury caused by the medical accident and the state of the original illness.
If a medical accident is defied, the medical institution is not responsible for making any compensation.
Article 50 The compensation for medical accidents shall be calculated according to the following items and rates:
(1) Medical treatment expenses: to be calculated according to the expenses for curing the personal injury caused by the medical accident on the此文章共有14页 [上一页] [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [下一页]
本文关键词：医疗事故
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