(1) The patient has died;

　　(2) The negligent medical act might be determined as a Grade II medical accident;

　　(3) Other circumstances as provided by the administrative department of health under the State Council or the department of health under the people’s government of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Article 39 The administrative department of health shall, within 10 days after receiving the application for settling medical disputes, make an examination and decide whether to accept or not. Where the application satisfies the requirements as mentioned in the present Regulation, it shall be accepted; where a technical authentication is found to be of necessity, the administrative department of health shall, within 5 days after deciding to accept the application, transfer the relevant materials to the society of medical sciences that is responsible for making technical authentications of medical accidents so as to arrange for an authentication and inform the applicant in writing. If the application does not satisfy the requirements as mentioned in the present Regulation, it shall not be accepted, and the applicant shall be informed in writing together with an account of the reasons.

　　In case any of the parties concerned refuses to accept the conclusion of the first authentication and pleads for a further one, the administrative department of health shall, within 7 days after receiving the application, arrange for the local society of medical sciences of the province, autonomous region or municipality directly under the Central Government for another authentication.

　　Article 40 Where the parties concerned apply to the administrative department of health for settling a medical dispute, and at the same time files a suit at the people’s court, the administrative department of health shall not accept the application. If the administrative department has already accepted, it shall terminate the settlement.

　　Article 41 The administrative department shall, after receiving the letter of authentication issued by the society of medical sciences that is responsible for organizing technical authentications, examine the qualifications and major of the persons to participate in the authentication as well as the procedures of authentication. If it is necessary, it may arrange for investigations so as to listen to the opinions of both parties to the medical dispute.

　　Article 42 If, upon examination of the administrative department of health, the authentication conclusion of a medical accident satisfies the requirements provided in the present Regulation, it shall be taken as a basis for giving administrative punishments to the medical institution and the staff members thereof that have caused the medical accident and for mediating the compensation for the medical accident. If, upon examination, the authentication conclusion is found to be inconsistent with the provisions of the present Regulation, the authentication shall be done anew.

　　Article 43 If a medical dispute is settled through negotiation between both parties, the medical institution shall, within 7 days after the dispute is settled through negotiation, report in written form to the administrative department of the place where it is located, attaching a copy of the agreement.

　　Article 44 If a medical dispute is settled through the mediation the people’s court or through judicial decision, the medical institution shall, within 7 days after receiving the letter of mediation or judgment of the people’s court that has come into force, report in written form to the administrative department of health where it is located, attaching a copy of the letter of mediation or judgment.

　　Article 45 The administrative department of health under the people’s government on the county level and above shall report the medical accidents and the administrative punishments given to the medical institutions and staff members thereof according to relevant provisions level-by-level to the administrative department under the State Council.

　　Chapter V Compensations for Medical Accidents

　　Article 46 Disputes of civil liabilities including compensations for medical accidents may be settled between both parties through negotiations. If the parties concerned refuse to or fail to settle the dispute through negotiations, the parties concerned may file an application to the administrative department of health for mediation or institute a civil action directly to the people’s court.

　　Article 47 Where both parties settle disputes of civil liabilities concerning a medical accident through negotiations, a letter of agreement shall be concluded. The letter of agreement shall clearly specify the basic information about the parties concerned, the causes of the medical accident, the grade of the medical accident consented to by both parties, and the sum of compensations decided through negotiations, and shall be signed by the parties concerned.