Interpretation of the Supreme People’s Court on the handling of malpractice disputes

Abstract

The present paints a bleak picture of the situation in Chinese hospitals. Where the inadequate operation of hospitals or treatment errors committed by hospital staff result in patients incurring injury, it is not uncommon for these individuals to turn to self-justice rather than to initiate a cumbersome and often unsuccessful legal action.
Now, a new Interpretation looks to broaden and develop Chinese malpractice law. The “Explanation of the Supreme People’s Court concerning questions on the application of law in the handling of malpractice disputes” has been applicable since 14 December 2017. The Interpretation results in particular from special provisions in the “Tort Liability Law” (2010) which have been subject to specification in the SPC Interpretation.
One key aspect of the new Interpretation is an expansion of the regulations related to expert opinions; through the introduction of a standardized procedure, the credibility of expert reports should be enhanced. In practice, the expert report stands as the crucial element in a medical liability proceeding and is often decisive due to its factual authority. The substantial – perhaps even blind – trust that Chinese judges place in such reports likely motivated the decision to draw up rules aiming to foster their courtroom reliability. Although the Interpretation allows for the exclusion of an expert report so as to prevent a “report at any price” dynamic, just how this will play out in practice remains to be seen.
It is to be welcomed that the Interpretation explicitly includes cosmetic procedures, which normally would not be classified as operations due to their minimal invasiveness, and thus makes cosmeticians equally liable. In Taiwan and mainland China, the beauty sector has been booming in recent years, and non-surgical treatments enjoy a great popularity. But since such procedures often pose a great health risk due to the aggressive chemicals used, it would be inappropriate for them to remain in a legal grey area.
Overall, the Interpretation contributes significantly to Chinese medical liability law. This particular area of law presents unique challenges since it is necessary to establish consistent legal regulation despite the different regional standards and habits prevailing in medical institutions and cosmetic practice.