1. Whether the medical malpractice can be re-evaluated after the evaluation.
Medical malpractice can be re-identified after identification. If the party concerned is not satisfied with the conclusion of the first technical appraisal of medical malpractice, he or she may submit an application for re-appraisal to the health administrative department where the medical institution is located within 15 days from the date of receipt of the first appraisal conclusion. The person making the application must be a party to the medical malpractice dispute or its legal **.
Article 22 of the Regulations on the Handling of Medical Accidents.
If the parties are not satisfied with the conclusion of the first technical appraisal of medical malpractice, they may submit an application for reappraisal to the health administrative department for the location of the medical institution within 15 days of receiving the conclusion of the first appraisal.
2. What is the process of applying for a medical malpractice appraisal?
The process of applying for a medical malpractice appraisal is as follows:
1. Raise medical malpractice disputes;
2. Apply for technical appraisal of medical malpractice;
3. After receiving the medical malpractice appraisal certificate, according to the appraisal results, the two parties can negotiate compensation on their own, and can also apply for mediation by the Health Bureau, or apply for compensation by the court;
4. After any dispute is resolved, each medical unit must report the results in writing to the Municipal Health Bureau within 7 days.
Article 20 of the Regulations on the Handling of Medical Accidents.
After receiving a report from a medical institution on gross medical negligence or an application from a party to a medical malpractice dispute to handle a medical malpractice dispute, the administrative department of health shall submit the medical malpractice technical appraisal to the medical association responsible for the medical malpractice technical appraisal if it is necessary to conduct an appraisal; Where a medical malpractice dispute is resolved through negotiation between the doctor and the patient, and it is necessary to conduct a technical appraisal of the medical malpractice, the two parties shall jointly entrust the medical association responsible for the technical appraisal of the medical malpractice to organize the appraisal.
3. What are the circumstances under which the medical association suspends the evaluation of medical malpractice?
The following cases have been suspended by the Medical Association:
1) One of the parties directly submits an application for evaluation to the medical association;
2) The medical malpractice dispute involves multiple medical institutions, and the medical association where one of the medical institutions is located has already accepted it;
3) The medical malpractice dispute has already been mediated by the people's court and an agreement or judgment has been reached;
4) The parties have already filed a civil lawsuit in the people's court (except for those entrusted by judicial organs);
5) Illegal practice of medicine causing harm to a patient's physical health;
6) Other circumstances stipulated by the Ministry of Health.
Article 13 of the Interim Measures for the Technical Appraisal of Medical Malpractice.
In any of the following circumstances, the medical association will not accept the technical appraisal of medical malpractice:
1) One of the parties directly submits an application for evaluation to the medical association;
2) The medical malpractice dispute involves multiple medical institutions, and the medical association where one of the medical institutions is located has already accepted it;
3) The medical malpractice dispute has already been mediated by the people's court and an agreement or judgment has been reached;
4) The parties have already filed a civil lawsuit in the people's court (except for those entrusted by judicial organs);
5) Illegal practice of medicine causing harm to a patient's physical health;
6) Other circumstances stipulated by the Ministry of Health.