1. How to deal with objections to the results of the technical appraisal of medical malpractice
If the parties have objections to the results of the technical appraisal of the medical malpractice, they may submit an application for re-appraisal to the administrative department of health that originally accepted the application for the handling of the medical malpractice dispute. The application for re-evaluation shall be submitted within 15 days of receiving the results of the first evaluation.
Article 40 of the Interim Measures for Technical Appraisal of Medical Malpractice.
If either party is not satisfied with the conclusion of the first medical malpractice technical appraisal, it may, within 15 days from the date of receipt of the first medical malpractice technical appraisal, submit an application for re-appraisal to the health administrative department that originally accepted the application for handling the medical malpractice dispute, or the two parties shall jointly entrust the medical associations of the province, autonomous region or municipality directly under the Central Government to organize the re-appraisal.
2. How to conduct the technical appraisal of medical malpractice
Conduct of technical appraisal of medical malpractice:
1.The parties state their opinions and reasons within the prescribed time;
2.The members of the expert appraisal team shall ask questions as needed, and the parties shall answer truthfully;
3.The parties withdraw;
4.The expert appraisal team will discuss the written materials, statements and defenses provided by both parties;
5.After collegiate discussion, the appraisal conclusion is formed according to the unanimous opinion of more than half of the members of the expert appraisal group.
Article 13 of the Regulations on the Handling of Medical Accidents.
Where medical personnel occur or discover medical accidents, medical negligence that may cause medical accidents, or medical accident disputes in the course of medical activities, they shall immediately report to the person in charge of the department to which they belong, and the person in charge of the department shall promptly report to the department or full-time (part-time) personnel responsible for the quality control of medical services in that medical institution; After receiving the report, the department or full-time (part-time) personnel responsible for the quality control of medical services shall immediately conduct an investigation and verification, truthfully report the relevant situation to the person in charge of the medical institution, and inform and explain to the patient.