Volume on Medical and Pharmaceutical Law

Name: Volume on Medical and Pharmaceutical Law
ISBN: 9787202051689

Liu Tao / 赵景坡 / 任向东 / Zhang LingHebei People's Publishing House · ChinaJan 2018

Rating 3.6

Word count: 68K words
Chapters: 67
ISBN: 9787202051689

Summary

Article 46 of the Regulation on the Handling of Medical Accidents of the People's Republic of China: Where a dispute arises over civil liability such as compensation for a medical accident, the medical institution and the patient may resolve it through consultation; if either party is unwilling to consult or consultation fails, the party may apply to the health administrative department for mediation, or may directly file a civil lawsuit with a people's court.

Editor's review

This book is a practical legal guide in the field of healthcare and medicine. Taking the relevant provisions of the Regulation on the Handling of Medical Accidents of the People's Republic of China as its starting point, it examines the handling of disputes over civil liability such as compensation for medical accidents, presenting three paths to readers: consultation, administrative mediation, and civil litigation. For both medical institutions and patients, what is most confusing after a dispute arises is often not "who is in the right" but "which path to take, what procedure to follow, and what rules to rely on." The book's practical value lies precisely in translating the provisions of the Regulation into understandable operational guidance. Its content is oriented toward regulatory interpretation and practical reference, making it suitable for hospital administrators, medical personnel, and readers who need to understand the procedures for handling medical disputes. Readers should note that laws and regulations change with amendments, and the provisions cited in the book should be checked against the currently effective versions; the book is also not a professional tutorial on litigation tactics or medical appraisal, and complex individual cases should still be referred to professional legal counsel.

Who it's for

A good fit for

Hospital administrators who need to understand the basic procedures for handling medical accident disputes
Clinical medical personnel seeking to strengthen awareness of medical risks and common knowledge of dispute response
Parties to doctor-patient disputes who want a preliminary understanding of the differences among consultation, mediation, and litigation
Legal and administrative staff in the healthcare field, as an introductory reference for consulting regulations

Not a good fit for

Readers seeking specific litigation strategies for individual cases; the book does not provide targeted representation plans
Readers needing professional technical content on medical appraisal; the book focuses on legal procedure rather than appraisal methods
Readers expecting a systematic study of the complete medical law system; the book addresses only the relevant Regulation

Reading tips

First review the framework of the Regulation on the Handling of Medical Accidents, then read the book's interpretive sections to compare them
While reading, check the currently effective versions of the regulations and mark provisions in the book that may have been amended
Take process notes on the three paths of consultation, mediation, and litigation for easy practical reference
Use the book as an introductory guide when a specific dispute arises, and still consult professional legal counsel for important decisions

About the publisher

Hebei People's Publishing House China · Founded in 1950

Founded in 1950, Hebei People's Publishing House has gradually developed directions in Party and national history, political theory, academic culture, popular reading, and teaching materials, with thematic publishing as a guide. Judging from the 88 titles in the database, its publishing interests span social culture and practical life: historical and regional cultural works such as The Wild Great Wall of China and Currency of the State of Zhao; academic sociological collections such as the 2021 and 2022 Selected Master's Theses in Sociology from Peking University, Tsinghua University, and Renmin University of China; popular health and personal growth titles such as Fundamentals of Yang-Style Tai Chi and My Adolescent Boy; and cultural tourism material such as Yheyuan Garden Guide Words. Authors such as Yang Yueluan, Lu Huilin, Jin Jun, Wen Xiang, and Li Ding provide scholarly support. Overall, the press combines an academic and cultural foundation with popular reading and local cultural dissemination; public information on its specific publishing scale and honors is limited.

版权信息
1．发生纠纷不要慌，协商不成上公堂
2．医疗纠纷说道多，侵权违约可选择
3．医生“走穴”眼球摘，承担责任由谁来
4．见死不救把命丧，这个责任谁担当
5．医院诊疗不妥当，不是事故也赔偿
6．孩子被偷把命丧，医院有责该赔偿
7．诉讼时效很重要，及时维权要记牢
8．假药导致病加重，医院赔偿法院定
9．医院“漏诊”不应当，患者死亡该赔偿
10．擅自解剖用器官，违反法律需赔钱
11．“注水”病历涂改多，推定有错需担责
12．拒绝治疗强出院，不良后果自己担
13．妻子私自做引产，责任不应医院担
14．急救汽车出车祸，延误治疗要担责
15．医院转诊不适当，分担责任应赔偿
16．未经许可摘角膜，不是犯罪仍担责
17．重复检查开处方，小病大治该赔偿
18．病人医院自杀亡，医院有责需赔偿
19．医院被判官司输，皆因出院未劝阻
20．私自接生致伤残，双方有责各自担
21．吃药吃出别的病，分担责任最公平
22．损害不由误诊起，伤残费用难赔偿
23．“OK”眼镜致眼残，欺诈违法把责担
24．药厂说明有毛病，吃药吃掉一条命
25．丈夫术后功能丢，妻子索赔无理由
26．负心女子狠心郎，伤害他人进班房
27．大夫擅自改主张，医院违约应赔偿
28．侵权死亡不相干，法院判决不赔钱
29．本院职工气死人，医院赔偿担责任
30．医院管理漏洞多，婴儿被骗需担责
31．隐瞒病情不应当，自酿苦酒自己尝
32．患者享有肖像权，违法使用是侵权
33．误诊艾滋还宣扬，医院侵权应赔偿
34．又挨处分又赔钱，不负责任是关键
35．医院通报丢工作，有法可依不担责
36．不负责任医德差，患者投诉被处罚
37．孩子失足坠楼亡，各有责任各担当
38．引产的孩子起纷争，父母监护依法定
39．失误引起并发症，分清是非靠鉴定
40．使用假药害人命，触犯刑律该判刑
41．假药吃出别的病，谁担责任有规定
42．新生婴儿被抱错，医院有错该担责
43．患者病故留账单，病人家属需偿还
44．内部承包不对外，不能免责需赔偿
45．赔偿数额差别大，皆因法律有说法
46．签订协议要慎重，无故反悔法不容
47．急救汽车不着忙，延误救治应赔偿
48．专利产品未注册，致人损害不免责
49．擅自转院误时机，患者死亡均有责
50．紧急抢救属特例，没有签字也免责
51．捆住手脚为治病，医院免责依规定
52．运送途中跌下床，摔伤责任谁担当
53．出了事故索赔偿，哪些要求可主张
54．医院收费应透明，保证患者知详情
55．夸大欺诈搞宣传，违法经营责任担
56．护士离岗不查房，病人死亡该赔偿
57．不负责任医德差，医院来把责任担
58．输液过敏致死亡，不是犯罪不赔偿
59．不做皮试就输液，致死人命被判刑
60．组织卖血为牟利，美梦破灭被判刑
61．非法行医丧天良，害死人命进牢房
62．非法节育致人亡，锒铛入狱进监房
63．色迷心窍讨欢心，提供禁药被判刑
64．血液制品可牟利，非法制作法不容
65．中国不许“安乐死”，帮助实施触刑律
66．人流检查被参观，医院侵犯隐私权

FAQ

Can this book be used directly to handle a specific medical dispute?

It can serve as an introductory reference for understanding the handling procedures and legal basis, but it should not be applied directly to handle a specific dispute. Individual medical disputes involve factual findings, appraisal opinions, and evidence organization, and circumstances vary greatly. It is advisable to use the book to clarify the path, then promptly consult professional legal counsel, and rely on currently effective laws and regulations.

Are the regulations cited in the book still applicable?

The book was published in 2018 and cites the regulatory provisions effective at that time. Laws and regulations may have been amended or adjusted since then. When reading, be sure to check against the currently effective versions, especially the article numbers and specific wording of the Regulation, to avoid making judgments based on outdated provisions.

Is this book helpful for ordinary patients' family members?

It is helpful, but it is intended as an introduction. Patients' family members can use the book to gain a preliminary understanding that after a dispute arises they may consult, apply for administrative mediation, or file a lawsuit, and to learn the procedural features of each, thereby reducing blindness. However, specific rights-protection plans still require consultation with legal professionals based on the individual case.

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About the author

Liu Tao Author · China · 1960

Liu Tao, born in 1960, is a Chinese author. The library holds 15 of his works, spanning a wide range of subjects: from the philosophical classic translation Zhuangzi Yizhu to works on communication and language theory such as Visual Rhetoric and Studies in Visual Communication (Volume II); from titles on urban and rural planning and engineering, including Methods and Applications of Ecological Space Evaluation for Village and Town Communities, A Casebook of Village and Town Community Planning and Design, and BIM Construction Organization Design and Management, to materials and industrial technology such as Materials in Polar Environments and Surface Protection Technology. In medicine, he is represented by Collected Academic Thought and Clinical Experience of Wang Canhui. His writing combines scholarly compilation with applied research and covers a broad field. Public information is limited, so biographical details are omitted here.

赵景坡 Author

Zhao Jingpo is an author for whom little public information is currently available; details such as place of origin, education, and professional positions have not been clearly recorded. According to the library's holdings, Zhao Jingpo has one work, Medical and Pharmaceutical Law, which is classified under law and focuses on legal norms in the medical and pharmaceutical fields, making it a specialized work that addresses practical and institutional issues. Such writing generally requires familiarity with the provisions on health care management, drug regulation, and related legal responsibilities, and is typically characterized by clear organization and close attention to practice. Because relevant introductions are scarce, it is difficult to make a more detailed judgment about Zhao's writing style or intellectual background; readers who wish to understand specific views should consult the book itself and interpret it in the broader context of medical and pharmaceutical law.

任向东 Author

Ren Xiangdong: publicly available information about this author is currently limited, and no clear record has been found regarding his nationality, dates of birth and death, or English name. One work by him is held in the collection, the chapter on medical and pharmaceutical law (Medical and Pharmaceutical Law), commonly classified under law. Judging from this single surviving work, the author's writing focuses on legal issues in the medical and pharmaceutical fields, touching on regulatory matters such as medical services and drug administration; it is a specialized legal text rather than popular writing. Because reliable biographical information is lacking, his education, profession and positions cannot be confirmed, nor can his academic background or intellectual lineage be inferred. On the available evidence, Ren Xiangdong should be regarded as an author concerned with medical and health law, whose work offers readers a reference for understanding the legal framework in this area. Should more material come to light, his profile as an author and the character of his writing would still need to be further clarified.

Zhang Ling Author · China · 1936–2022

Zhang Ling (1936–2022), a Chinese translator and writer, was born in Beijing to a family from Yantai, Shandong. After graduating from the Department of Chinese at Peking University in 1958, she became a senior editor at the Institute of Foreign Literature, Chinese Academy of Social Sciences. She long collaborated with her husband Zhang Yang on translations of foreign literary classics, including A Tale of Two Cities, Pride and Prejudice, and Wuthering Heights, and also studied Hardy and Dickens. Her translations, mainly in the fields of foreign literature and world classics, reached a wide Chinese readership and contributed to the introduction of these authors' works. Public information is limited, and a systematic account of her life and translation style remains to be compiled.