ces that are responsible for organizing technical authentications of medical accidents may conduct investigations and gather evidences from the parties concerned.
Article 30 The expert authentication group shall make a careful examination of the materials submitted by the parties concerned, listening to the statement and responses of both parties and making verifications.
The parties concerned shall provide truthfully the materials needed for the technical authentication in conformity with the provisions of the present Regulation, and shall actively cooperate in the investigations. Any party that fails to give cooperation and thus affects the technical authentication shall be held to be responsible.
Article 31 The expert authentication group shall make authentication conclusions on the basis of clearing fact findings and irrefutable evidences by making comprehensive analysis of the state of illness of the patient concerned and the differences between the individuals, and issue a letter of authentication of medical accidents. The authentication conclusion shall be passed by half of the members of the expert authentication group. The process of authentication shall also be truthfully recorded.
The letter of authentication of medical accidents shall include the following major elements:
(1) basic information about demands of the parties concerned;
(2) the materials submitted by the parties concerned and the investigation materials provided by the society of medical sciences that is responsible for organizing the technical authentication;
(3) a description of the authentication process;
(4) whether the medical treatment act has violated any of the laws, regulations, ministerial rules concerning medical treatment and health or any of the standards or conventions of medical treatment and nursing;
(5) whether there is a causal relationship between the negligent medical act and the consequence of personal injury;
(6) the seriousness of the negligent medical act in the injury of medical accident;
(7) the grade of the medical accident;
(8) medical suggestions on the medical treatment and nursing to the patient involved in the medical dispute.
Article 32 The measures for the technical authentication of medical accidents shall be formulated by the administrative department under the State Council in charge of health.
Article 33 Any of the following circumstances shall not be deemed as a medical accident:
(1) unfavorable consequences resulting from emergent medical measures taken under dangerous circumstances for rescuing the life of the patient;
(2) medical emergencies resulting in the process of medical treatment from the unusual state of illness or the special physique of the patient;
(3) unfavorable consequences that cannot be predicted or prevented under the existing technical and medical conditions;
(4) unfavorable consequences caused by infections resulting from faultless blood transfusions;
(5) unfavorable consequences caused by the delay of the patien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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