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卫生部医政司、法监司于3月上旬和下旬先后在北京召开了《医疗事故处理办法》修订研讨会.来自全国人大教科文卫委员会、法制工作委员会、国务院法制办、最高人民法院的专家以及部分卫生厅(局)、医院、医疗事故技术鉴定委员会的代表近百人参加了会议。大家围绕《医疗事故处理办法(征求意见稿)》进行了热烈讨论.一、关于处理医疗事故的主体不少同志认为,医疗事故处理具有二元性,既可以通过诉讼途径解决,也可以通过行政渠道解决。卫生行政部门是政府管理卫生事务的职能部门,负责监管医疗质量和服务质量,对医疗事故的处理,是其监督管理医疗机构的方式之一。卫生行政部门应当负责医疗事故的行政处理,但是,卫生行政部门的处理不能代替法院的审判权,卫生
The Department of Medical Affairs and the Department of Supervision of the Ministry of Health successively convened the “Medical Accident Treatment Measures” revision seminar in Beijing in early and late March. Experts from the NPC Teaching, Science, Culture and Health Committee, the Legal Work Committee, the State Council Legislative Affairs Office, and the Supreme People’s Court Nearly 100 representatives of some health departments (bureaus), hospitals, medical accidents technical appraisal committee attended the meeting. All around the “Medical Accident Treatment Measures (Draft for Soliciting Opinions)”, heated discussions were held. First, many comrades on the handling of medical accidents believe that the handling of medical accidents is dualistic and can be resolved through lawsuits as well as through administration. Channel solution. Health administrative departments are the functional departments of the government for managing health affairs. They are responsible for supervising the quality of medical services and the quality of service. The handling of medical accidents is one of the ways in which they supervise and administer medical institutions. The health administrative department shall be responsible for the administrative treatment of medical accidents. However, the treatment of the health administrative department cannot replace the judicial power of the court.