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What are the provisions for the appraisal of medical malpractices in the applied Chinese laws and regulations?
(02/21/2008)

According to the applied provisions in the Regulations of the People¡¯s Republic of China on the Disposal of Medical Malpractices, any and all medical malpractices (mala praxis) deemed necessary for technical appraisal shall be submitted to the medical association responsible for the technical appraisal of medical malpractices.

The local medical associations of the city district/county which is under the direct control of a province/municipality/autonomous region shall be responsible for organizing the first round of the technical appraisal of medical malpractices.

The medical associations at the provincial, municipal or autonomous region¡¯s level shall be responsible for the second round appraisal.

If necessary, the China Medical Association (CMA) may organize the technical appraisal of medical malpractices that are intricate, complicated and of a significant impact nationwide.

Any party involved in the appraisal who objects to the results of the first round technical appraisal of medical malpractice shall, within 15 days upon receipt of the result statement of the first round appraisal, have the right to apply for a secondary re-appraisal to the competent Public Hygiene Administration which governs the region where the challenged medical institution is located.