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医疗纠纷问题在国内外都是一个十分复杂、棘手的问题。目前,国务院发布的《医疗事故处理办法》(以下简称《办法》)和全国人大审议通过的《中华人民共和国民法通则》(以下简称《民法通则》)、《中华人民共和国民事诉讼法》(以下简称《民诉法》)都是解决医疗纠纷的重要法律文件。通常说来,病员及其亲属与医疗单位之间就医疗问题发生纠纷时,可申请医疗事故技术鉴定。因医疗问题发生争执,并不说明医疗单位就一定有过错,并不说明就一定发生了医疗事故。准来判定是否发生了医疗事故呢?《办法》第十三条规定:“省、自治区、直辖市级鉴定委员会的鉴定为最终鉴定,它的鉴定为处理医疗事故的依据。地区(自治州、市)县(市、市辖区)鉴定委员会的鉴定,在没有争议的情况下,也是处理医疗事故的依据。”发生医疗纠纷后,病员及其亲属可先向就医之医疗单位提出意见,书面申请对事件进行调查、鉴定。医疗单位有义务出具鉴定和处理意见。如果仍有争
The issue of medical disputes is a very complicated and thorny issue at home and abroad. At present, the Measures for the Treatment of Medical Accidents issued by the State Council (hereinafter referred to as the “Measures”) and the “General Principles of Civil Law of the People’s Republic of China” (hereinafter referred to as the “General Principles of Civil Law”) and the “People’s Republic of China Civil Procedure Law” (hereinafter referred to as the National People’s Congress) have been passed The abbreviation “Civil Procedure Law” is an important legal document for solving medical disputes. Generally speaking, patients and their relatives and medical units may apply for medical accidents technical appraisal when they have disputes over medical issues. The dispute over medical issues does not mean that the medical unit must be at fault. It does not mean that a medical incident has occurred. Judging whether there is a medical accident or not? Article 13 of the Measures stipulates: “The appraisal of the provincial, autonomous region, and municipal-level appraisal committee is the final appraisal, and its appraisal is the basis for handling medical malpractice. Region (autonomous prefecture, city) The identification of the county (city, municipal district) appraisal committee is the basis for handling medical accidents in the absence of controversy. After a medical dispute occurs, the patients and their relatives can first submit their opinions to the medical unit that seeks medical treatment, and apply in writing to the incident. Conduct investigations and appraisals. The medical unit is obliged to issue identification and handling opinions. If there is still contention