Medical Malpractice Legal Advice, Medical Malpractice Dispute Lawyer Phone

In this case, the hospital can be asked for solatium for moral damage in accordance with the Tort Liability Law.

You can claim compensation for medical expenses, lost work expenses, nursing expenses, and spiritual solace funds.

I have been involved in many ** medical damage compensation cases.

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Legal Analysis: Legal Advice** The telephone number is 12348. The Civil Code of the People's Republic of China is known as the "Encyclopedia of Social Life", Zhenwang is the declaration of civil rights and the protection of Fu Mengshu, if the Constitution focuses on restricting public power, then the Civil Code focuses on the protection of private rights, almost all civil activities to the signing of contracts, the establishment of companies, as small as the payment of property fees, divorce, can find a basis in the Civil Code.

[Legal basis].Article 1 of the Civil Code of the People's Republic of China is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values.

Legal Analysis: The Case Handling Process of a Medical Malpractice Dispute Lawyer.

1) Receive counseling.

Understand the basic pure banquet situation of both parties in the occurrence of medical disputes, as well as the time, place and result of the dispute. The state in which it is currently located. and make preliminary analysis and judgment.

Not all doctor-patient disputes are medical damage compensation disputes, and the following circumstances should be considered when deciding whether to accept them:

1. The main qualification of the doctor.

The practice license and subject approval of the medical institution; Medical staff's practice qualification certificate and practice license; Whether the foreign doctor who is employed or cooperated with the exchange has applied for a temporary medical practice certificate; whether there is an error in the type and place of practice;

2. Whether the medical behavior is improper.

Whether the medical behavior violates the nursing norms of the auspicious banquet and the anti-diagnosis, and whether it violates the statutory obligations;

3. Consequences of damage;

4. The causal relationship between the medical act and the consequences of the damage;

5. Statute of limitations.

Legal basis: Civil Code of the People's Republic of China

Article 1218: Where a patient suffers damage in the course of diagnosis and treatment, and the medical establishment or its medical staff is at fault, the medical establishment is liable for compensation.

Article 1219: Medical personnel shall explain the patient's illness and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special examinations, medical personnel shall promptly explain to the patient specific circumstances such as medical risks and alternative medical treatment options, and obtain their explicit consent to explain to the patient, and where it is possible or inappropriate to explain it to the patient, they shall explain it to the patient's close relatives and obtain their explicit consent.

Where medical personnel fail to fulfill the obligations in the preceding paragraph and cause harm to patients, the medical establishments shall bear responsibility for compensation.

Legal Analysis: There are three types of medical malpractice: administrative liability, civil liability and criminal liability. Where medical personnel cause the death of a patient or seriously harm the patient's physical health due to serious irresponsibility, they are to be sentenced to up to three years imprisonment or short-term detention.

Legal basis: Criminal Law of the People's Republic of China Article 335 Where medical personnel cause the death of a patient or seriously harm the health of a patient due to serious irresponsibility, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Did you leave relevant medical documents or other proofs at that time, if you find that there is a problem with the corresponding part after surgery, in fact, the best way is to go to the person in charge of the hospital or the doctor who did it for you at that time, and ask the other party to give you a recovery, if you don't trust the other party, you can also ask for a different hospital, so that the hospital that did the plastic surgery for you will bear the compensation and medical expenses.

Of course, you should pay attention here, and remember to record the whole process when you go to talk to the hospital, because it is difficult to identify this type of plastic surgery as medical malpractice, after all, the overall qualifications and records of many hospitals of this kind are not very complete, so even if you have relevant documents here, it is more difficult to prove that it is the operation or the doctor's operation that caused the damage to your corresponding part.

So in the current situation, I actually recommend that you negotiate with the other party first, according to what I said above, and by the way, the other party will also disclose a little relevant information to you if you are not prepared, and if you can't talk about it at that time, you will also have more evidence on your side, and you can ask the other party for compensation through litigation.

Three steps in the medical dispute resolution process.

Mediation of medical dispute resolution procedures.

In the event of a medical dispute, the parties will first mediate, and there are three ways to mediate, and one of them can be selected or one mediation is unsuccessful and then mediation is carried out in other ways. The adjustment method 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 conflicts.

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

3.Third-Party Mediation.

Judicial appraisal of medical dispute settlement procedures.

If the dispute cannot be successfully mediated, then a judicial appraisal can be conducted, and legal procedures can be taken according to the results of the judicial appraisal. Forensic appraisal includes medical malpractice technical appraisal and forensic appraisal. It is generally completed within 30 working days.

Legal proceedings in medical dispute resolution proceedings.

After the judicial evaluation, legal proceedings may be conducted, and after the court has made a judgment, if any party is dissatisfied with the judgment of the court of first instance, it may appeal to the higher court of the original court accepting the judgment within 15 days of receiving the judgment. During the appeal period, the original first-instance judgment does not take effect. In accordance with the provisions of the Civil Procedure Law, the judgment shall take legal effect after the expiration of the appeal period and no appeal or the final adjudication of the two instances.

An autopsy is done immediately to determine the cause of death and whether the hospital is at fault.

Now that there are no more people, seize the time to make copies of medical records. Then take the medical records to the experts of a professional medical fault appraisal agency to look at the medical records first, preliminarily judge whether the hospital constitutes medical fault, and if it constitutes medical fault, then take the hospital's medical records, diagnosis certificates, medical fee invoices, etc. to the court to file a case and sue the hospital for medical negligence. Suspect a part of the lawsuit, and then apply to the court to entrust an appraisal agency to conduct a medical fault appraisal, and after the appraisal is completed, the litigation claim will be changed according to the appraisal results.

As long as the hospital is at fault and follows the normal legal procedures, there is a high chance of winning the case.

Surgery is a risk-taking operation, not to mention that the patient is still in this already high-risk situation. Fighting a medical lawsuit is the most difficult, and even a well-known lawyer is not likely to win easily. If you want to consult a lawyer, there is nothing they can't do, and when the money is in hand, they don't care if the lawsuit is won or lost.

It is very difficult to operate a medical lawsuit with a strong degree of professionalism, and I still believe that no doctor will want the patient to not be able to get off the operating table, and there are too many uncertainties in the operation process, so the family will be required to sign, and the doctor will not let himself take the risk. If you have to persuade the lawyer who must agree to take over the case to sign an agreement to win the lawsuit, you will not pay if you lose. Avoid further financial losses.

Don't trust others, it takes a lot of money to win this kind of lawsuit, even if there is a good reason. Don't block yourself by listening to me, I have experienced it before I have a deep understanding.