Legal analysis: medical disputes can be exempted from medical insurance, but if the patient and the medical institution cannot reach an understanding and the patient needs to continue to seek medical treatment, the basic medical insurance can pay in advance, and then recover from the medical institution with fault or fault. Medical expenses that should be borne by a third party according to law are not included in the payment scope of the basic medical insurance fund.

Legal basis: Article 30 of the Social Insurance Law of People's Republic of China (PRC), the following medical expenses are not included in the scope of payment of the basic medical insurance fund: (1) those that should be paid by the industrial injury insurance fund; (2) It shall be borne by a third party; (three) shall be borne by public health; (4) Go abroad for medical treatment. Medical expenses that should be borne by a third party according to law. If the third party is unable to pay or cannot determine the third party, the basic medical insurance fund will pay in advance. After the basic medical insurance fund pays in advance, it has the right to recover from the third party.