陕西省医疗纠纷处理条例

Core Viewpoint - The "Shaanxi Province Medical Dispute Handling Regulations" has been approved and will take effect on June 1, 2026, aiming to properly handle medical disputes, protect the legal rights of both medical staff and patients, and maintain medical order and safety [2][21]. Group 1: Purpose and Scope - The regulations are established to address medical disputes arising from diagnosis, treatment, and nursing activities, ensuring the protection of legal rights and promoting social harmony [4][6]. - The regulations apply to the handling of medical disputes within the administrative region of Shaanxi Province [5]. Group 2: Responsibilities of Authorities - County-level and above governments are required to strengthen leadership and coordination in medical dispute handling, integrating it into the social governance system [6]. - Health authorities at the county level and above must supervise medical institutions and their personnel, guiding them in dispute resolution [7]. Group 3: Medical Institutions' Obligations - Medical institutions must establish a sound mechanism for handling disputes, including emergency response plans and training to enhance their dispute resolution capabilities [8]. - Institutions are required to set up complaint reception systems and designated personnel to communicate with patients or their relatives [8]. Group 4: Dispute Resolution Procedures - Patients and their relatives must be informed of legal avenues for resolving disputes, including the right to access medical records and the procedures for expert discussions [9]. - Medical disputes can be resolved through voluntary negotiation, mediation by a medical dispute mediation committee, administrative mediation, or litigation [13]. Group 5: Legal and Ethical Standards - Medical institutions and personnel are prohibited from actions such as falsifying medical records, hiding information, or providing false evidence during dispute resolution [10]. - Patients and their relatives are expected to adhere to medical institution regulations and express grievances through legal channels [11]. Group 6: Mediation and Expert Involvement - The medical dispute mediation committee is established to independently handle disputes without charging fees, and it may involve experts for complex cases [17][16]. - The health authorities are responsible for establishing a pool of experts for medical damage assessment, which can be consulted during mediation [22]. Group 7: Insurance and Financial Support - Health authorities are encouraged to promote medical institutions' participation in medical liability insurance and risk funds, while patients are encouraged to obtain medical accident insurance [19]. - The government is expected to provide necessary support for the operation of medical dispute mediation committees [20].