New Medical Negligence Handling Regulations go into effect on Sunday across China. Under the new guidelines, Chinese citizens will be better protected and informed about their rights in cases of medical malpractice.
The new regulations stipulate that patients have the right to be fully informed about their condition, the medical treatment they are to receive, and the risks involved. Medical personnel are obliged to promptly respond to their questions and doubts.
Patients also have the right to obtain a copy of their medical records. However, records relating to subjective observations, analysis and discussion of the patients' illnesses, and treatment suggestions are not included.
In future, patients' signatures will be required before they can undergo special check-ups and treatments, including surgery or clinical experiments.
When an alleged case of medical negligence occurs, seals should be removed from the medical records relating to the case in the presence of both the patient's family and the medical professionals involved. In cases where the patient has died, and the patient's family does not accept the cause of death offered by the hospital, it has the right to request a post-mortem examination of the corpse.
In addition, the regulations do not apply to emergency measures taken to rescue a patient, accidents brought on by abnormal illnesses or uncommon bodily reactions, consequences of treatment where the medical options are limited, illegal medical practices, and delays in treatment where the patient is at fault.
(cctv.com Septembert 2, 2002)