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"Medical malpractice" refers to an accident in which a medical institution and its medical staff negligently cause personal injury to a patient in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines of diagnosis and treatment and nursing care in the course of medical activities. According to your statement, it has constituted medical malpractice, you do not need to apply for a medical appraisal, just go directly to the court to sue the epidemic prevention station, and after the court accepts it, it will apply for a medical appraisal in the name of the court according to the circumstances.
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I don't know what the disease is, maybe it is chronic hepatitis caused by chronic hepatitis B that causes cirrhosis to an advanced stage, causing hepatic ascites and upper gastrointestinal varices, combined with gastrointestinal bleeding.
If it is indeed the disease I am talking about, I'm sorry, this is an incurable disease, and the only means available are liver transplantation or angiogenesis to prolong survival.
As for the aggravation of the condition caused by taking medication, I don't think it is necessary.
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What you're talking about isn't. Medical malpractice is constituted only if the patient is visibly bodily harmed.
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This has already constituted medical malpractice, it is best to ask the epidemic prevention station for an explanation first, and then mediate with them, so that it is fast. Mediation does not achieve civil litigation in court, and the most unavailable way is identification.
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Hello, you can ask for liability for medical malpractice, thank you, hope!
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It is necessary to do an appraisal first to see if there is a causal relationship between the current situation and the medical behavior of the hospital.
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Legal analysis: Medical malpractice refers to an accident in which a medical institution and its medical staff violate medical and health management laws, administrative regulations, departmental rules, and medical and nursing norms and routines in medical activities, and negligently cause personal injury to patients.
After the implementation of the Regulations on the Prevention and Handling of Medical Disputes, disputes between doctors and patients arising from diagnosis and treatment activities will be defined as medical disputes, and medical accidents will be limited to the scope of administrative investigation and handling.
Legal basis: Regulations on the Prevention and Handling of Medical Disputes
Article 2: "Medical disputes" as used in these Regulations refers to disputes between doctors and patients arising from diagnosis and treatment activities.
Article 55: The administrative investigation and handling of medical accidents in diagnosis and treatment activities shall be carried out in accordance with the relevant provisions of the "Regulations on the Handling of Medical Accidents".
Regulations on the Handling of Medical Accidents》 Article 2 "Medical accidents" as used in these Regulations refers to accidents in which medical establishments and their medical personnel negligently cause personal injury to patients in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines for diagnosis and treatment in the course of medical activities.
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Legal analysis: Medical malpractice refers to an accident in which a patient's personal injury is caused by negligence in the course of medical activities carried out by relevant medical institutions and their medical personnel in China, due to their violation of relevant medical and health management laws, administrative regulations, departmental rules, and medical and nursing norms and routines.
Legal basis: Article 2 of the "Regulations on the Handling of Medical Accidents" The term "medical accidents" as used in these Regulations refers to accidents in which medical establishments and their medical personnel negligently cause personal injury to patients in violation of medical and health management laws, administrative regulations, departmental rules, and medical and nursing norms and routines in medical activities.
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"Medical malpractice" refers to an accident in which a medical institution and its medical staff negligently cause personal injury to a patient in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines of diagnosis and treatment and nursing care in the course of medical activities. 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:
1) Full liability refers to the fact that the harmful consequences of medical malpractice are caused entirely by medical negligence. (2) Primary liability refers to the fact that the harmful consequences of medical malpractice are mainly caused by medical negligence, and other factors play a secondary role. (3) Secondary liability refers to the fact that the harmful consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role.
4) Slight liability refers to the fact that the vast majority of the harmful consequences of medical malpractice are caused by other factors, and medical negligence plays a minor role. Article 36 of the Interim Measures for the Technical Appraisal of Medical Accidents and Article 2 of the Regulations on the Handling of Medical Accidents.
This, I'm sorry, I can't give you the problem because I didn't see the patient, but I believe it. For the sake of the child, the mother will also persevere. >>>More
Article 50. Medical malpractice compensation is calculated according to the following items and standards: >>>More
In this case, the hospital can be asked for solatium for moral damage in accordance with the Tort Liability Law.
The crime of medical malpractice is the object of the violation, the work order of the medical unit, and the citizen's right to life and health. The target of the crime is a patient whose life, health and safety are being harmed by the disease. Therefore, if the treatment measures cannot objectively control the progression of the disease, it will inevitably cause greater damage to human health due to the development of the disease, until it leads to disability, dysfunction and death.
I think the conclusion of the forensic examination should not be an overdose, but a specific cause, such as myocardial ischemia, cerebral infarction, etc. >>>More