What are the precautions for medical malpractice litigation?

1) The accountability system for medical disputes is the core system for the implementation of medical quality and medical safety, and is a specific measure to better resolve medical disputes and medical accidents, especially to further prevent medical accidents. (2) Medical disputes in which medical personnel are at fault refers to disputes in which medical establishments and their medical personnel violate medical and health laws, administrative regulations, departmental rules, and norms and routines for diagnosis and treatment and nursing care, and negligently cause personal injury to patients in the course of medical activities. (3) Medical error refers to the negative consequences of medical personnel failing to cause death, disability, or dysfunction resulting in tissue and organ damage to patients in the course of diagnosis and treatment activities, although there is negligence or technical negligence.

It is divided into serious errors and general errors.

1. Pay attention to the statute of limitations system for litigation. If the statute of limitations has passed, the legitimate rights and interests may not be protected by the law. The ordinary statute of limitations is three years, but medical malpractice is a compensation for bodily injury, and the statute of limitations is only one year, starting from the date of determination of the medical accident.

The parties must not exceed the statute of limitations in negotiation, mediation and waiting.

2. There should be suitable plaintiffs and defendants in the lawsuit. The plaintiff is generally the patient himself, and in the case of death, the legal heirs of the deceased. The defendant generally refers to the hospital, and the attending doctor is a representative of the hospital, and generally cannot be a defendant in a medical malpractice case.

3. There must be a reasonable request for compensation. The amount of compensation should be determined within a reasonable range in accordance with the law, and if it exceeds a reasonable range, the price will be exorbitant, not only will it not be supported by the law, but it will also have to bear additional litigation costs.

4. There must be evidence to support your own litigation claims. The most important thing is the appraisal conclusion, if there is no appraisal conclusion, it is necessary to provide or apply to the court to obtain relevant medical record information, and can apply to the court for appraisal.

5. Respect the court's trial procedures and order. Both the doctor and the patient should believe that the law is fair, and if they are not satisfied with the judgment of the first instance, they can resolve it through the appeal process.

1. What are the risks of divorce proceedings?

1. If the lawsuit does not meet the requirements, the people's court will not accept the lawsuit, and even if it does, it will reject the lawsuit. If the lawsuit filed by a party does not comply with the provisions on jurisdiction, the case will be transferred to the people's court with jurisdiction for trial.

2. The litigation claims put forward by the parties shall be clear, specific and complete, and the people's court will not hear the litigation claims that have not been submitted. The litigation claims put forward by the parties should be appropriate, and do not arbitrarily expand the scope of litigation requests; In addition to not being supported by the people's court, the parties to unfounded litigation claims must also bear the corresponding litigation costs.

3. Where a party to a change in litigation claims within the time limit adds or modifies a litigation claim or submits a counterclaim, and exceeds the time limit permitted by the people's court or designated, it may not be heard.

4. The period for parties to request the people's court to protect their civil rights after the statute of limitations is generally two years (or one year in special cases). After the plaintiff files a lawsuit with the people's court, if the defendant submits that the plaintiff's lawsuit has exceeded the period of legal protection, if the plaintiff does not provide evidence to prove the facts that have exceeded the period of legal protection, the litigation claim will not be supported by the people's court.

5. Where an unknown party is authorized to entrust a litigant to admit, waive, or modify the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the party, it shall be specifically indicated in the power of attorney. If the special authorization items are not clearly and specifically stated in the power of attorney, the opinions expressed by the litigant on the above-mentioned special authorization matters shall not have legal effect.

1. Pre-litigation preparations. After the occurrence of a medical dispute, the patient should contact and complain to the Medical Affairs Department as soon as possible, request a copy of the medical records, and work with the medical representatives to seal the medical records (including diagnosis and treatment records, inpatient medical records, surgical consent forms, consultation and discussion records, etc.), and ask the Medical Affairs Department for the receipt of the Medical Dispute Complaint Form. Once the above is done, the patient can choose which legal method to apply to resolve the dispute.

2. Litigation. After the lawsuit is filed, the court will arrange time for the first time, which is mainly to confirm the qualifications of both doctors and patients as the subject of the lawsuit, and cross-examine the medical records submitted by both parties. Therefore, at the first stage, the patient should seize the opportunity to carefully review the authenticity, standardization and completeness of the medical record data, and exclude the unfavorable medical record data from the valid evidence as much as possible.

It can be seen that complaining to the health administration is also a way for patients to deal with medical disputes. As a patient, you have a certain understanding of the medical dispute complaint handling procedures, and when you unfortunately encounter medical accidents, you know which department to report to, so that you can better protect your reasonable interests. If the complaint is ineffective, you can also apply for civil arbitration or even go through judicial litigation channels.

1. What are the procedures for handling medical malpractice complaints?

If a patient has a dispute with a medical staff during outpatient diagnosis and treatment, he or she can complain to the hospital through the normal channels. First of all, you can complain to the person in charge of the department where the medical dispute occurred, and the department will mediate; If the mediation fails, you can complain to the outpatient office, fill in the complaint opinion form, and the outpatient office will further mediate; If the mediation is unsuccessful, the complaint can be lodged with the Doctor-Patient Office of the hospital. According to the Regulations on the Handling of Medical Accidents, there are three ways to resolve medical disputes: negotiation and mediation between doctors and patients, application to the health administrative department for handling, and filing a lawsuit with the court.

In reality, litigation is often the preferred way for both doctors and patients to resolve disputes, and patients are legally guided on how to litigate in medical disputes.

2. How to mediate in case of medical disputes?

There are three ways to mediate, and you can choose one of them or if one mediation is unsuccessful, then use other methods to mediate. The method of mediation is as follows:

1. Doctor-patient communication: medical institutions and medical personnel have the obligation to respect the patient's right to know, and should make professional explanations and explanations on the patient's condition and diagnosis, strengthen communication with the patient, eliminate misunderstandings, and resolve contradictions.

2. Mediation: If the doctor and the patient reach a consensus on settlement through communication, follow the principles of legality, reasonableness and voluntariness, and mutual understanding and mutual accommodation, an agreement shall be signed and sealed by both the doctor and the patient.

3. Third-party mediation. Medical disputes can be administratively mediated by a third party by the health administrative department. The third party is in a central position, and through normative education, the parties are persuaded and guided to reach a mediation agreement on the basis of equality and voluntariness.

First of all, patients should pay attention to whether the statute of limitations has expired when filing a lawsuit. According to the second paragraph of Article 136 of the General Principles of the Civil Law, if the patient claims compensation for bodily injury, the patient shall file a lawsuit with the people's court where the hospital is located within one year from the time when he knows or should have known that his or her rights have been violated.

Second, the burden of proof is different for both the doctor and the patient. According to the provisions of the Supreme People's Court's Rules of Evidence in Civil Procedure, the allocation of evidentiary responsibility for doctor-patient disputes is a reversal of responsibility, specifically, the patient shall submit relevant evidence materials such as the hospital's treatment**, the facts and specific amounts of losses suffered, and the hospital shall bear sufficient evidence to prove that it is not at fault or negligence in the process of providing medical services to the patient, otherwise, the hospital shall bear the liability for compensation for the economic losses and mental damage caused to the patient.

Third, they should choose the most appropriate laws, regulations and targeted evidence to support their claims and protect their rights. This is because the same doctor-patient dispute may have the problem of legal competition, but according to different legal provisions, its legal liability may be quite different, the key is to see which law, regulation, which specific legal provisions are more beneficial to you. In litigation, evidence should be presented and debated around the core issues, which can achieve twice the result with half the effort.

1. The two ways of applying to the Health Bureau for processing and filing a lawsuit with the court cannot be carried out at the same time, if there is such a situation, in accordance with the principle of litigation blocking administrative processing, the litigation procedure will be directly entered.

2. There are three main factors affecting the amount of medical malpractice compensation:

1) Accident level of medical cracking stool;

2) the degree of responsibility of medical negligence in the harmful consequences of medical malpractice;

and 3) the relationship between the consequences of medical malpractice damage and the patient's pre-existing medical condition.

These three factors will be listed in the medical malpractice report.

3. In the process of litigation, the principle of reversal of the burden of proof shall be followed. That is, the hospital has the burden of proving that its behavior is in line with the routine of diagnosis and care, and if it cannot be proved, the responsibility lies with the hospital.

4. Attention to the handling of medical disputes

First, in the event of a medical dispute, the first thing is the doctor-patient.

The doctor can only file a lawsuit for the medical technology judgment service contract to rectify the lease and accompany the dispute. 2. Acceptance conditions: (1) There is a doctor-patient relationship; (2) Violations of laws and regulations in medical treatment; (3) The patient has harmful consequences, etc.

3. Materials and evidence to be submitted.