医疗事故处理条例 The Regulation on the Handling of Medical Accidents

he agreement.

　　Article 44 If a medical dispute is settled through the mediation the people‘s court or through judicial decision， the medical institution shall， within 7 days after receiving the letter of mediation or judgment of the people’s court that has come into force， report in written form to the administrative department of health where it is located， attaching a copy of the letter of mediation or judgment.

　　Article 45 The administrative department of health under the people‘s government on the county level and above shall report the medical accidents and the administrative punishments given to the medical institutions and staff members thereof according to relevant provisions level-by-level to the administrative department under the State Council.

　　Chapter V Compensations for Medical Accidents

　　Article 46 Disputes of civil liabilities including compensations for medical accidents may be settled between both parties through negotiations. If the parties concerned refuse to or fail to settle the dispute through negotiations， the parties concerned may file an application to the administrative department of health for mediation or institute a civil action directly to the people‘s court.

　　Article 47 Where both parties settle disputes of civil liabilities concerning a medical accident through negotiations， a letter of agreement shall be concluded. The letter of agreement shall clearly specify the basic information about the parties concerned， the causes of the medical accident， the grade of the medical accident consented to by both parties， and the sum of compensations decided through negotiations， and shall be signed by the parties concerned.

　　Article 48 Where a medical accident is determined， the administrative department of health may， upon the request of the parties concerned to the medical dispute， make mediations concerning the compensations over the medical accident. In the process of mediation， the principle of voluntariness by the parties concerned shall be observed， and the sum of compensations shall be calculated according to the relevant provisions of the present Regulation.

　　If， after mediation， the parties concerned reaches a consensus over the sum of compensation， a letter of mediation shall be concluded and be performed by the parties concerned. If the mediation fails or if any of the parties goes back on its words after reachin

g a consensus， the administrative department of health no longer makes any further mediation.

　　Article 49 The following elements shall be taken into consideration in the determination of the specific sum of compensation for a medical accident：

　　（1） The grade of the medical accident；

　　（2） The seriousness of the negligent medical act in the consequences of the injury caused by the medical accident；

　　（3） The relationship between the injury caused by the medical accident and the state of the original illness.

　　If a medical accident is defied， the medical institution is not responsible for making any compensation.

　　Article 50 The compensation for medical accidents shall be calculated according to the following items and rates：

　　（1） Medical treatment expenses： to be calculated according to the expenses for curing the personal injury caused by the medical accident on the basis of vouchers， but not including the expenses for curing the original illness. Where it is necessary to continue the medical treatment， they shall be paid according to the basic expenses of medical treatment.

　　（2） Charge for loss of working time： If the patient has fixed income， it shall be calculated according to the fixed income reduced due to loss of working time； if the income of the patient is three times higher than the average salary of the employees during the previous year of the place where the accident has occurred， it shall be calculated at three times； if the patient has no fixed income， it shall be calculated according to the average salary of the employees during the previous year of the place where the medical accident has occurred.

　　（3） Subsidies to board wages： they shall be calculated according to the level of subsidies granted to the common workers of the state organs on business travels of the place where the medical accident has occurred.

　　（4） Accompaniment nursing expenses： where the patient is in need of a special person for accompaniment and nursing during his stay at hospital， the accompaniment and nursing expenses shall be calculated according to the average salary of an employee during the previous year at the place where the medical accident has occurred.

　　（5） Subsidies for the disabled life： they shall be calculated according to the grade of disability and to the average living expenses of the dwellers of the place the medical accident has occurred for a maximum term of 30 years， starting from the month when disability is affirmed. However， if the patient is 60 years old or above， the period for paying the subsidies shall be no more than 15 years； if the patient is 70 years old or above， the period shall be no more than 5 years.

　　（6） Expenses for appliances of the disabled： if complementary appliances are needed due to disability， the expenses thereof shall be calculated according to the expenses for popular appliances on the basis of the certification of the medical institution concerned.

　　（7） Funeral expenses： they shall be calculated according to the subsidies for funeral expenses as provided by the local authorities of the place where the medical accident has occurred.

　　（8） Living expenses for the supported： they shall be calculated according to the number of persons who do not have the ability of work and who were indeed supported by the deceased before death or the disabled person before losing working abilities on the basis of the minimum living insurance of the dwellers of the place of their census register or their dwelling place. If the supported are younger than 16 years old， the expenses shall be paid until they are 16； if they are over 16 years but do not have working abilities， the expenses shall be paid for a term of 20 years； if they are 60 years old or above， for a term of 15 years； if 70 years old or above， for a term of 5 years.

　　（9） Traffic expenses： shall be calculated on the basi

s of actual expenses incurred from the patient concerned and be paid on the basis of vouchers.

　　（10） Accommodation expenses： shall be calculated according to the subsidies for accommodation to be paid to common employees of the state organs for business tours of the place where the medical accident has occurred.

　　（11） Solatia for spiritual injury： shall be calculated according to the average annual living expenses of the dwellers of the place where the medical accident has occurred. Where the patient has died， the solatia shall be paid for no more than 6 years； where the patient is disabled， for more than 3 years.

　　Article 51 The traffic expenses， expenses for loss of working time， accommodation expenses that are needed for the closes relatives of the patient to participate in the settlement of the medical dispute shall be calculated according to the relevant provisions of Article 50 of the present Regulation， but the number of persons whose expenses are to be included shall not exceed two.

　　Where any patient dies as a result of the medical accident， the traffic expenses， expenses for loss of working time， and the accommodation expenses of the spouse and direct close relatives of the patient that participate in the funeral activities shall be calculated according to the relevant provisions of the present Regulation， but the number of persons whose expenses are to be included shall not exceed two.

　　Article 52 The compensatory expenses for medical accidents shall be calculated once and for all， and shall be paid by the medical institution that is held to be responsible for the accident.

　　Chapter VI Punishment Provisions

　　Article 53 In case any of the staff members of the administrative department of health violates， in the process of settling any medical disputes， any of the provisions of the present Regulation， accepting the property of other people or any other interests by taking advantage of his position， abusing his power， neglecting his duties， or knows of any of the violations but fails to investigate so that serious consequences have resulted， he shall be subject to criminal liabilities according to the provisions of the criminal law concerning bribery， abusing power， neglecting duties or other relevant crimes. If the violation is not serious enough for taking criminal liabilities， he shall be given an administrative punishment of demotion or dismissal from post.

　　Article 54 In case any administrative department of health violates the provisions of the present Regulation by committing any of the following acts， it shall be given a warning by the administrative department of health on the higher level and be ordered to make corrections during a prescribed time limit. If the circumstances are serious， the person-in-charge and other people who are held to be responsible shall be given an administrative punishment：

　　（1） Receiving the report of any serious negligent medical act but failing to arrange for investigations；

　　（2） Receiving the application for settling medical disputes but failing to examine it or transfer it to the administrative department of health under the people‘s government on the next higher level within the prescribed time limit；

　　（3） Failing to arrange for the societies of medical sciences to make authentications to the serious negligent medic

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