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	NOTICE OF THE SUPREME PEOPLE'S COURT ON TRYING CIVIL CASES ON MEDICAL DISPUTES BY REFERRING TO THE "REGULATION ON HANDLING MEDICAL MALPRACTICES"

	(No. 20 [2003] of the Supreme People's Court promulgated on January 6, 2003 and implemented as of September 1, 2002)


SUBJECT : TRIAL; CIVIL CASE; MEDICAL MALPRACTICES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/06/2003
IMPLEMENT DATE : 09/01/2002
LENGTH : 375 words
TEXT :

On April 4, 2002, the State Council promulgated the Regulation on Handling Medical Malpractices (hereinafter referred to the Regulation), which came into force on September 1, 2002. The Regulation is of great significance to appropriately settling medical disputes, protecting the lawful rights and interests of both parties to the medical dispute, and maintaining the medical treatment order. We hereby give our notice as follows regarding the relevant issues for the people's courts to try civil cases on medical disputes by referring to the Regulation:

I. If any lawsuit is brought to the court regarding a dispute over medical compensation resulted from a medical malpractice which occurred after the enforcement of the Regulation, it shall be handled by referring to the relevant provisions in the Regulation; for other disputes over medical compensation resulted from reasons other than medical malpractices, the provisions in the General Principles of Civil Law shall apply.

For the civil cases which have been tried by the people's courts in accordance with the General Principles of Civil Law, the original Measures on Handling Medical Malpractices and other laws and regulations before the enforcement of the Regulation, if any of them needs to be retried in accordance with the law, the provisions in the Regulation shall not apply.

II. If, in a civil trial, the people's court decides, upon the application by the party concerned or upon its power, to make a judicial expertise on the medical malpractice, the expertise shall be arranged by a medical association prescribed in the Regulation. If a judicial expertise needs to be held on other disputes over medical compensation resulted from reasons other than medical malpractices, the expertise shall be arranged in accordance with the Provisions on the Administration of Judicial Expertise upon Entrustment by the People's Courts.

The people's court shall examine the applications for judicial expertise and conclusions on judicial expertise in accordance with the relevant provisions in Some Provisions of the Supreme People's Court on Evidence in Civil Litigation.

III. After the enforcement of the Regulation, the people's court which is trying a civil case on a dispute over medical compensation resulted from a medical malpractice may determine the compensation liability for the medical malpractice by referring to Articles 49 through 52 of the Regulation.