Recourse to medical legal matters, medical related laws

Medical disputes refer to disputes over medical faults, torts and compensation between doctors (medical institutions) and patients (patients or close relatives of patients) based on medical acts. Medical disputes are often caused by medical negligence. Medical negligence refers to the fault of medical personnel in medical activities such as diagnosis and care.

These faults often lead to dissatisfaction or harm to patients, which can lead to medical disputes. In addition to medical disputes caused by medical error, sometimes there is no negligence or mistake on the part of the doctor in the medical activities, and disputes can also arise simply due to the unilateral dissatisfaction of the patient. Such disputes can be caused by the patient's lack of basic medical knowledge, lack of understanding of the correct medical treatment, the natural outcome of the disease and the inevitable complications and accidents in medical treatment, or it can be caused by the patient's unreasonable blame.

It is also known as a medical tort dispute, that is, a dispute between the provider and the recipient of medical services over whether the medical act and its consequences are tortious and tort liability. 1. First of all, Chapter 6 of the Tort Liability of the Civil Code "Medical Damage Liability". The main points to note are:

1. If the medical staff is at fault, they must seek compensation from the hospital; 2. The medical institution has three exemptions (the patient does not cooperate, the patient has done his best to save his life, and the medical level is limited at that time). 2. The second is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, from Article 17 to the last legal provisions. These terms tell you what to do if you have a medical malpractice and what expenses you can claim.

3. Finally, there are two points to note: First, there is a "Regulations on the Handling of Medical Accidents" in China. However, due to legislative reasons, the compensation for medical accidents in this regulation is not as good as the compensation in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Therefore, attention should be paid to avoid citing the "Regulations on the Handling of Medical Malpractice" when making a claim. The second is that the burden of proof is reversed for medical malpractice, that is, the hospital bears the burden of proving that it is not at fault.

Legal basisArticle 1218 of the Civil Code of the People's Republic of China provides that "if a patient suffers damage in the course of diagnosis and treatment, and the medical institution and its medical personnel are at fault, the medical institution shall be liable for compensation." That is, whether it is medical malpractice or medical negligence, as long as the medical institution and its medical staff are at fault, they must be compensated.

At the same time, the previous practice of "reversal of the burden of proof", that is, medical institutions can only be exempted from liability by providing evidence to prove their "innocence", to the fact that patients must prove that the medical institution is at fault, otherwise the medical institution is exempt from liability. A medical institution is presumed to be at fault in the following cases:

1) Violating laws, administrative regulations, rules, and other provisions related to diagnosis and treatment norms;

2) Concealing or refusing to provide medical records related to the dispute;

3) Falsifying, altering, or destroying medical records.

Legal analysis: medical staff are at fault, and they must recover compensation from the hospital; There are three exemptions for medical institutions.

Legal basis: Regulations on the Handling of Medical Accidents

Article 11: In medical activities, medical establishments and their medical personnel shall truthfully inform patients of their conditions, medical measures, medical risks, and so forth, and promptly answer their inquiries; However, adverse consequences for patients should be avoided.

Article 12: Medical establishments shall formulate plans for the prevention and handling of medical accidents, to prevent the occurrence of medical accidents and to mitigate the damage caused by medical accidents.

Article 13: Where medical personnel have or initiate medical accidents, medical negligence that may cause medical accidents, or medical accident disputes, in the course of medical activities, they shall immediately report to the person in charge of the department to which they belong, and the person in charge of the department shall promptly report to the department or full-time (part-time) personnel responsible for the quality control of medical services in that medical institution; After receiving the report, the department or full-time (part-time) personnel responsible for the quality control of medical services shall immediately conduct an investigation and verification, and report the relevant situation to the person in charge of the medical institution as if it were not true, and inform and explain to the patient.

Medical disputes involve a number of laws and regulations, such as the Measures for the Handling of Medical Accidents and the Regulations on the Settlement of Medical Disputes. These regulations stipulate the duties and obligations of medical institutions and medical personnel, and also clarify the rights and interests of patients and protection measures.

Medical disputes refer to disputes or disputes arising from medical services, such as medical malpractice, medical contract disputes, etc. In order to resolve medical disputes, China has formulated a series of laws and regulations, such as the Measures for the Handling of Medical Accidents and the Regulations on the Handling of Medical Disputes. There are a few things to consider when dealing with a medical stress therapy dispute:

1.Exercising the right to litigate in accordance with the law: If the patient believes that his or her rights and interests have been infringed, he or she can resolve it through litigation.

At the same time, it can also be resolved through negotiation, but the result of the negotiation must be in accordance with the law. 2.Applicable Law:

When dealing with medical disputes, it is necessary to refer to the relevant laws and regulations and apply them accurately. For example, medical institutions and medical personnel should comply with diagnosis and treatment norms and operating procedures, and provide patients with qualified medical services.

How to settle a medical malpractice? Medical disputes can be settled through mediation and negotiation. The hospital may invite experts to form a mediation team and invite patients and their families to participate in the consultation.

If the negotiation is successful, a written agreement can be signed and executed according to the agreement; If negotiation is not possible, there is an option to sue or arbitrate.

There are multiple legal provisions and procedures involved in the handling of medical disputes, and each case needs to be taken seriously.

Legal basis

Article 11 of the Measures of the People's Republic of China for the Handling of Medical Accidents After a medical institution discovers a medical accident, it shall immediately take measures to properly handle the medical accident and explain the situation to the patient or his close relatives.

According to the provisions of China's current laws and regulations, doctor-patient disputes can be resolved in three ways: 1. Self-negotiation. The doctor and the patient can negotiate and deal with it voluntarily, and the agreement reached is legal and valid as long as it is not signed under duress or there is a major misunderstanding.

2. Administrative settlement. 3. Judicial rulings.

Legal basis: Article 22 of the Regulations on the Prevention and Handling of Medical Disputes, in the event of a medical dispute, both doctors and patients can resolve it through the following ways:

1) Voluntary negotiation between the two parties;

2) Apply for people's excavation mediation;

3) Apply for administrative mediation;

4) Initiating litigation in the people's courts;

5) Other channels provided for by laws and regulations.

You know that the burden of proof is reversed, and if you feel that there is hope for compensation in this kind of lawsuit, it is best to find a lawyer, or it is unlikely to be unfavorable to you, and you can be a single secret.

Tort Liability Law, Measures for Handling Medical Accidents, etc.

Legal Separation and Analysis: In the event of a medical accident, there are generally three ways to deal with missing keys: first, the doctor and the patient can negotiate to solve it; If the two parties are unable to negotiate, the parties may submit an application for mediation to the health administrative department; Both parties may also file a civil lawsuit directly with the people's court and request a judgment from the judge.

Legal basis: Article 46 of the Regulations of the People's Republic of China on the Handling of Medical Accidents, civil liability disputes such as compensation for medical accidents can be resolved through negotiation between doctors and patients; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.