An Update Crafted in Practice: The New Regulation on Medical Disputes

• Author: Yao Ziyi
• Pages: 168-174

3.2 CLU2_YAO.DOC (DO NOT DELETE) 2018/12/21 3:51 PM

168 TSINGHUA CHINA LAW REVIEW [Vol. 11:167

AN UPDATE CRAFTED IN PRACTICE:

THE NEW REGULATION ON MEDICAL DISPUTES

Ziyi Yao

I. INTRODUCTION & BACKGROUND

Since 2000, along with the continuous growth of medical

services, the number and severity of medical disputes has been rising

continuously. 1 For the purposes of preventing and addressing

medical disputes, a number of normative documents have been

issued.2 Such documents aim, in particular, to address the verbosity

of judicial redress, the hardship of obtaining compensation and the

intensification of doctor-patient relationships.

Despite being the primary regulation applicable to medical

disputes arising from medical accidents, the Regulation on the

Handling of Medical Accidents has failed to address several

outstanding problems in such medical disputes, some of which give

rise to heated social discussions, such as the Yulin puerpera incident3

and the Longgang “forced kneeling” incident4. Since the term

“medical disputes” covers a wider range of cases than “medical

accidents” and because the State Council deemed it necessary to

summarize the judicial experiences of preventing and handling

medical disputes, the Regulation on the Prevention and Handling of

Medical Disputes, as the new regulation, was issued by the State

1 Sifabu, Weisheng Jiankang Wei jiu Yiliao Jiufen Yufang he Jiejue Tiaoli Da Jiezhe Wen (

司法

部、卫生健康委就《医疗纠纷预防和处理条例》答记者问

) [Answering Journalists’ Questions on

the Regulation on the Prevention and Handling of Medical Disputes by Ministry of Justice and Nat’l

Health Commission], FAZHI RIBAO (法制日报) [LEGAL DAILY], Sep. 1, 2018, at 02.

2 Normative documents include the Regulation on the Handling of Medical Accidents issued in

2002 by the State Council, the Notice of the Supreme People’s Court on Trying Civil Cases on Medical

Disputes by Referring to the “Regulation on the Handling of Medical Accidents” issued in 2003 by the

Supreme People’s Court, and Opinion on Strengthening the Role of People’s Mediation in Medical

Disputes issued in 2010 by the Ministry of Justice, the National Health Commission as well as the

China Banking Regulatory Commission.

3 On Aug. 31, 2017, a puerpera from Yulin, Shannxi chose to jump off a hospital building out of

unendurable pain after her requests for a caesarean section were repeatedly rejected. See Huigui

Zunzhong Ningju “Chanfang Li de Gongshi” (回归尊重 凝聚产房里的共识) [Cohering Respect:

Consensus in the Maternity Ward], RENMIN RIBAO (人民日报) [PEOPLE’S DAILY] , Sep. 7, 2017, at 05.

4 On Mar. 14, 2016, relatives of a 10-month-old deceased patient harassed the hospital and visiting

staff by holding up banners, burning hell money, physically assaulting medical staff and forcing the

visiting staff to kneel down and burn hell money for the deceased. See http://www.szhfpc.gov.cn/gzdt/

201603/t20160316_3536235.htm (last visited Oct.8, 2018)