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医疗事故处理条例(英文版)

http://www.dffy.com 2006-10-11 11:22:06 来源:东方法眼

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  Both parties to a medical dispute may invite legal medical experts and pathological experts to participate in the autopsy; they may also delegate persons to observe the process of autopsy. Any one who refuses to make or delays the autopsy until the time limit expires and the determination of the cause of death is affected, the party that refuses or delays shall be held to be responsible.

  Article 19 If the patient dies within the medical institution, the corpse thereof shall be removed to the mortuary. As a general rule, the corpse may not be kept in the mortuary for more than two weeks. In case the corpse fails to be handled within the time limit, the medical institution shall, after obtaining the approval of the local administrative department of health and reporting to the department of public security at the same level for archivist purposes, handle the corpse according to relevant provisions.

  Chapter III Technical Authentication of Medical Accidents

  Article 20 Where the administrative department of health receives the report of any medical institution about any serious negligent medical acts or the application of the party to any medical dispute for handling and finds it necessary to make a technical authentication of the medical accident, it shall have the authentication done by the societies of medical sciences that are in charge of authenticating medical disputes. Where both parties agree to settle the medical dispute through mediation and a technical authentication is needed, the authentication shall be done by the society of medical sciences in charge upon the joint entrustment of both parties.

  Article 21 The local societies of medical sciences of the cities with districts and the local societies of medical sciences of the counties or cities that are under the direct jurisdiction of the provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for making the initial authentication of medical accidents. The societies of medical sciences of the provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for further authentications.

  Where it is necessary, the All-China Society of Medical Sciences may organize technical authentications for difficult or complicated medical disputes of national significance.

  Article 22 In case any party refuses to accept the conclusion of the initial authentication of medical accidents, it may apply, within 15 days after receiving the conclusion of the initial authentication, to the local administrative department of health where the medical institution is located for a second one.

  Article 23 The societies of medical sciences that are responsible for organizing authentications of medical accidents shall set up databases of experts.

  The database of experts shall consist of medical professionals that satisfy the following conditions:

  (1) Having good professional knowledge and being of excellent professional ethics;

  (2) Being employed by a medical institution or institution of medical teaching or research and holding a senior professional title for three ye

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  本文关键词:医疗事故

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