As a victim of medical malpractice, what is in my best interest to file a lawsuit?

1.The patient can choose to file a lawsuit for civil compensation for medical tort or a lawsuit for a dispute over a medical technology service contract.

2.The patient can collect materials and bring the complaint to the court where the medical institution is located to file a lawsuit.

3.If the evidence is lost, the affected party may also apply to the court for evidence preservation.

4.After the court makes a ruling, if it does not conform to the judgment, it may appeal to the court at the next higher level within 15 days from the date on which the judgment is served. Those who are dissatisfied with the ruling may appeal to the court at the level above within 10 days of the date on which the ruling is served.

Legal basis] Article 164 of the Civil Procedure Law, where a party is dissatisfied with the judgment of the local people's court in the first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 21 of the Civil Procedure Law provides that the people's court at the place where the defendant is domiciled shall have jurisdiction over civil litigation that is only filed by citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

According to the provisions of China's Civil Procedure Law, the following conditions must be met for a lawsuit: the plaintiff is a citizen, legal person or other organization with a direct interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

In accordance with Article 119 of the Civil Procedure Law.

The following conditions must be met to prosecute the scum:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant such as a code segment;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: file a lawsuit with the people's court in the place of infringement. The expert appraisal team shall comprehensively analyze factors such as the role of medical negligence in causing the harmful consequences of medical malpractice, the patient's pre-existing medical condition, and determine the degree of responsibility for medical negligence.

The degree of liability for medical negligence in medical malpractice is divided into: full liability, which means that the damage consequences of medical malpractice are completely caused by medical negligence.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 119:The following conditions must be met for prosecution: Lachai Hoo.

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.