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Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Medical Damage Liability Disputes was passed by the Supreme People's Court Judicial Committee at its 1713th meeting on March 27, 2017 and is hereby promulgated, from December 14, 2017. Implementation.
Supreme people's court
December 13, 2017
Law Interpretation [2017] No. 20
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Medical Damage Liability Disputes
(Adopted at the 1713th meeting of the Judicial Committee of the Supreme People's Court on March 27, 2017, effective as of December 14, 2017)
In order to properly handle cases of medical damage liability disputes, safeguard the legitimate rights and interests of the parties in accordance with the law, promote the establishment of a harmonious relationship between doctors and patients, and promote the development of health and health undertakings, in accordance with the "Terrorism Liability Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China" and other legal provisions, This interpretation is formulated in conjunction with trial practice.
First
This explanation applies to patients who request medical institutions on the grounds of personal or property damage during medical treatment, and the producers, sellers, or blood providers of medical products bear tort liability.
This explanation applies to cases of infringement disputes arising from personal or property damage in medical and cosmetic activities performed by a medical institution or a medical institution that provides a medical beauty department.
This interpretation is not applicable to cases of medical service contract disputes filed by the parties.
Second
If a patient is injured in medical treatment at multiple medical institutions due to the same injury, the medical institution that sues part or all of the medical treatment shall be accepted.
After the patient sues some medical institutions for treatment, if the party applies for additional medical institutions for the joint defendant or a third party, it shall be permitted. When necessary, the people's court may add relevant parties to participate in the lawsuit according to law.
Article 3
Patients who suffer damage to defective medical products and prosecute some or all of the producers, sellers, and medical institutions of medical products shall be accepted.
The patient only sues the producers, sellers, and some subjects in the medical institution. If the party applies for additional subjects as co-defendants or third parties, it shall be permitted. When necessary, the people's court may add relevant parties to participate in the lawsuit according to law.
If the patient has infringed the lawsuit for the damage caused by the input of unqualified blood, refer to the previous two provisions.
Article 4
If a patient claims to be liable for compensation according to the provisions of Article 54 of the Tort Liability Law, he shall submit evidence to the medical institution for treatment and damage.
If the patient is unable to submit evidence that the medical institution and its medical staff have a causal relationship between the fault, the medical treatment behavior and the damage, and the application for medical damage assessment is filed according to law, the people's court shall grant permission.
Where a medical institution claims not to assume responsibility, it shall bear the burden of proof for the defense of the circumstances as stipulated in the first paragraph of Article 60 of the Tort Liability Law.
The fifth
Where a patient claims to be liable for compensation according to the provisions of Article 55 of the Tort Liability Law, the patient shall submit evidence in accordance with the provisions of the first paragraph of the preceding article.
In the case of surgery, special examination or special treatment, the medical institution shall bear the obligation to explain and obtain the written consent of the patient or the close relatives of the patient, except as provided in Article 56 of the Tort Liability Law. Where the medical institution submits the patient or the close relatives of the patient with written consent, the people's court may determine that the medical institution has fulfilled the obligation of explanation, except that the patient has evidence to the contrary that is sufficient to refute.
Article 6
The medical records specified in Article 58 of the Tort Liability Law include outpatient medical records, hospitalization records, body temperature sheets, medical orders, inspection reports, medical imaging examination materials, special examination (treatment) consent forms, surgical consent forms, and surgical procedures held by medical institutions. And anesthesia records, pathological data, nursing records, medical expenses, discharge records, and other medical records prescribed by the health administrative department of the State Council.
The patient applies to the people's court to submit the medical record related to the dispute, and the medical institution fails to submit it within the time limit specified by the people's court. The people's court may presume in accordance with the second paragraph of Article 58 of the Tort Liability Law. Medical institutions are at fault, except for those that cannot be submitted due to objective reasons such as force majeure.
Article 7
Where a patient requests compensation in accordance with Article 59 of the Tort Liability Law, he shall submit evidence of the use of medical products or the importation of blood and damage.
If the patient is unable to submit evidence of causality between the use of medical products or the input of blood and damage, and the application for identification according to law, the people's court shall grant permission.
Where a medical institution, a producer, seller or blood supply institution of a medical product claims no liability, it shall bear the burden of proof for the defense of the medical product without defects or blood.
eighth
Where a party applies for the identification of a special issue in a medical damage liability dispute, the people's court shall grant permission.
If the party has not applied for appraisal, and the people's court considers that the special issue stipulated in the preceding paragraph needs to be authenticated, it shall entrust the appraisal according to its authority.
Article 9
Where a party applies for medical damage identification, the parties shall determine the appraiser by negotiation.
The party concerned cannot reach an agreement on the appraiser, and the people's court proposes a method for determining the appraiser. If the parties agree, the method shall be determined according to the method; if the party disagrees, the people's court shall designate it.
The appraisers shall be determined from experts who have the corresponding appraisal ability and meet the appraisal requirements.
Article 10
Where the medical damage assessment is entrusted, the parties shall submit true, complete and sufficient identification materials as required. Where the submitted identification materials do not meet the requirements, the people's court shall notify the parties to replace or supplement the corresponding materials.
Before entrusting the appraisal, the people's court shall organize the parties to conduct cross-examination of the appraisal materials.
Article 11
The entrustment of the appraisal shall have clear identification matters and appraisal requirements. The appraiser shall conduct the appraisal according to the matters and requirements of the entrusted appraisal.
The following special issues can be used as a matter for applying for medical damage identification:
(1) Whether there is any fault in the implementation of medical treatment;
(2) Whether there is a causal relationship between the diagnosis and treatment behavior and the consequences of the damage;
(3) Whether the medical institution has fulfilled its obligation to explain and obtain the written consent of the patient or the close relatives of the patient;
(4) Whether the medical product is defective, whether there is a causal relationship between the defect and the damage, and the magnitude of the cause;
(5) The degree of disability of the patient;
(6) The patient's care period, rest period, and nutrition period;
(vii) Other special issues.
The qualification requirements include the qualification of the appraiser, the composition of the appraiser, the appraisal procedure, the appraisal opinion, and the appraisal period.
Article 12
The identification opinion may indicate the cause of the patient's damage caused by the diagnosis or treatment behavior or the medical product, according to all the causes, main causes, equal causes, secondary causes, minor causes or no causal relationship with the patient's damage.
Article 13
The appraisal opinion shall be cross-examined by the parties.
If the party applies for the appraiser to testify in court, if the people's court examines and approves, or the people's court considers that the appraiser is necessary to appear in court, it shall notify the appraiser to testify in court. The parties agree that the appraiser can give evidence by means of written instructions, audiovisual transmission technology or audiovisual materials.
If the appraiser cannot appear in court due to force majeure or other legitimate reasons such as health reasons, natural disasters, etc., the court may postpone the hearing; with the permission of the people's court, it may also testify by means of written instructions, audio-visual transmission technology or audio-visual materials.
If there is no reason for the preceding paragraph, the appraiser refuses to testify in court, and if the party does not approve the appraisal opinion, the appraisal opinion will not be accepted.
Article 14
The parties apply to notify one or two persons with medical expertise to appear in court, and to provide opinions on the appraisal opinions or other special facts of the case. If the people's court permits, they shall notify the person with medical expertise to appear in court.
The opinions put forward by the person with medical expertise specified in the preceding paragraph shall be regarded as the statement of the parties, and the cross-examination may be used as the basis for determining the facts of the case.
Article 15
The parties shall entrust the appraisers to make medical damage appraisal opinions. If the other parties approve, they may accept the letter.
Where the parties jointly entrust the appraisers to make medical damage appraisal opinions, if one party does not approve, they shall submit clear objections and reasons. Upon examination, if there is sufficient evidence to prove that the objection is established, the appraisal opinion will not be accepted; if the objection is not established, it shall be accepted.
Article 16
The fault of medical institutions and their medical staff shall be determined in accordance with laws, administrative regulations, rules and other relevant medical treatment standards. The urgency of the patient's condition, individual patient differences, local medical standards, medical institutions and medical personnel qualifications may be considered comprehensively. And other factors.
Article 17
Medical personnel violate the obligations stipulated in the first paragraph of Article 55 of the Tort Liability Law, but have not caused personal injury to the patient. If the patient requests the medical institution to bear the liability for damages, it will not support it.
Article 18
In the event of an emergency such as the rescue of a patient whose life is dying, and the patient's opinion cannot be obtained, the following circumstances may be considered as the inability to obtain the close relatives of the patient as stipulated in Article 56 of the Tort Liability Law:
(1) The close relatives are unknown;
(2) unable to contact the close relatives in time;
(3) The close relatives refuse to express their opinions;
(4) The close relatives do not reach an agreement;
(5) Other circumstances as stipulated by laws and regulations.
In the case of the preceding paragraph, the medical personnel shall immediately implement the corresponding medical measures upon approval by the person in charge of the medical institution or the authorized person in charge. If the patient requests the medical institution to assume the liability for compensation, the medical institution shall not support it; the medical institution and its medical personnel shall be responsible for the implementation of the corresponding medical measures. If the patient requests the medical institution to assume the liability for compensation, it shall be supported.
Article 19
If the medical treatment of two or more medical institutions causes the same damage to the patient, and the patient requests the medical institution to assume the liability for compensation, it shall distinguish the different situations and determine the medical treatment according to the provisions of Articles 8, 11 or 12 of the Tort Liability Law. The liability of the institution.
Article 20
The medical institution invites medical personnel other than the unit to treat the patient. If the patient is injured due to the fault of the medical staff invited, the medical institution is invited to assume the liability for compensation.
Article 21
If the medical product is damaged or the input of unqualified blood is damaged, the patient requests the medical institution, the producer of the defective medical product, the seller or the blood supply institution to bear the liability for compensation, and should be supported.
If the medical institution is liable for compensation, it shall be supported by the producer, seller or blood supply agency of the defective medical product.
If the medical product is defective or the blood is unqualified due to the fault of the medical institution, the producer, seller or blood supply institution of the medical product shall be compensated by the medical institution and shall be supported.
Article 22
Defective medical products and medical institutions' fault diagnosis and treatment together cause the same damage to the patient. Patients who request medical institutions and producers or sellers of medical products bear joint responsibility should be supported.
If the medical institution or the producer or seller of the medical product bears the liability for compensation, and recovers from other responsible entities, the corresponding amount shall be determined according to the cause of the damage caused by the medical treatment and the defective medical product.
If the input of unqualified blood and the fault diagnosis and treatment of the medical institution together cause the same damage to the patient, refer to the previous two provisions.
Article 23
The producers and sellers of medical products know that the defects of medical products are still produced or sold, causing death or serious damage to the patients. If the infringer requests the producers or sellers to compensate for the losses and punitive damages less than two times, the people's court should give stand by.
Article 24
The infringed person simultaneously sues two or more medical institutions for liability for compensation. After the people's court has tried the case, the medical institution at the place where the court is accused does not bear the liability for compensation, and other medical institutions are responsible for the compensation, disability compensation and death compensation. Handle separately as follows:
(1) If a medical institution assumes responsibility, it shall be implemented in accordance with the compensation standard of the location of the medical institution;
(2) If two or more medical institutions are responsible, they may be implemented according to the standards of the medical institutions where the compensation standard is high.
Article 25
If the near relatives request medical damages after the death of the patient, this interpretation shall apply; if the person who pays the patient's medical expenses, funeral expenses and other reasonable expenses requests compensation for the expenses, this interpretation shall apply.
The term "medical products" as used in this interpretation includes drugs, disinfectants, medical devices, and the like.
Article 26 Collection
If the judicial interpretation previously issued by the Court is inconsistent with this interpretation, this interpretation shall prevail.
This interpretation shall apply to cases that have not been finalized after the interpretation of this interpretation; this interpretation shall not apply to the case where the interpretation has been finalized before the execution of the application, and the parties have applied for retrial or decided to retrial in accordance with the trial supervision procedure.

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