Is it a medical malpractice? What to do?

Please provide evidence.

If you can get it, you can get medical compensation.

If you can't take it out, you can only make trouble with the doctor.

Yes? Is there such a thing? But can you be sure that it is the loss of function caused by taking cold medicine?

One pays one, and the doctor pays you.

In the event of a medical dispute, it may be resolved through negotiation between the two parties, or through mediation or judgment by the people's court, or it may also apply to the health administrative department for handling.

1. How to protect the rights of medical malpractice?

Medical malpractice can be defended in the following ways:

1. The parties negotiate with the medical institutions on their own;

2. The party applies to the health administrative department for processing;

3. The parties file a lawsuit with the people's court.

According to the first paragraph of Article 37 of the Regulations on the Handling of Medical Accidents, if a medical accident dispute arises and the party applies to the administrative department of health for handling, it shall submit a written application. The application shall clearly state the applicant's basic information, relevant facts, specific requests and reasons, etc.

Article 43 stipulates that if a medical malpractice dispute is settled by the parties themselves, the medical institution shall make a written report to the local health administrative department within 7 days from the date of settlement through negotiation, and attach an agreement.

2. Which department is in charge of the military hospital?

The state has clearly stipulated that medical institutions shall be managed locally, and the local health administrative department shall be responsible for the handling of medical disputes in military hospitals After the occurrence of medical disputes, there are three main ways to resolve them: First, they should report to the medical department of the hospital and resolve it through consultation; the second is to apply to the local health bureau for medical malpractice technical appraisal; The third is to file a lawsuit with the local court in accordance with the law.

3. How to deal with medical accidents.

There are three ways to deal with medical malpractice: first, the doctor and the patient can solve it by themselves; the second is to be solved by the health administrative department; The third is to resolve it through litigation. The order of these three methods can neither be reversed nor parallel, but have a sequence, that is, the first is the consultation between the doctor and the patient; followed by the handling of health administrative departments; Again, it was accepted and resolved by the people's court.

Article 37 of the Regulations on the Handling of Medical Accidents stipulates that in the event of a medical accident dispute, if the party applies to the health administrative department for handling, it shall submit a written application in an uproar. The application shall clearly state the applicant's basic information, relevant facts, specific requests and reasons, etc. Within one year from the date on which the parties know or should know that their physical health has been harmed, they may submit an application to the health administrative department for the settlement of medical malpractice disputes.

In the event of a medical dispute, the patient and the hospital can first reach a settlement agreement on the basis of full consultation on the basis of the principle of equality and voluntariness, and the settlement agreement shall be binding between the parties. If the settlement fails, the parties may request mediation by the health administrative department or request the court to make a judgment in accordance with the law.

[Legal basis].Article 46 of the Regulations on the Handling of Medical Accidents.

In the event of a civil liability dispute such as compensation for medical malpractice, the doctor and the patient may resolve it through negotiation; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the administrative department for health and hardship, or may directly file a civil lawsuit with the people's court.

Article 47.

Where the parties negotiate to resolve civil liability disputes such as compensation for medical malpractice, they shall draft an agreement. The agreement shall clearly state the basic circumstances of both parties, the original cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, and so forth, and shall be signed by both parties.

In the event of a medical dispute, it can be handled through negotiation, mediation or litigation. The doctor and the patient can negotiate a settlement; 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.

[Legal basis].

Article 22 of the Regulations on the Prevention and Handling of Medical Disputes: In the event of a medical dispute, the doctor and the patient may resolve it through the following channels: (1) voluntary negotiation between the two parties; (2) Applying for people's mediation; (3) Applying for administrative mediation; (4) Initiating litigation in the people's courts; (5) Other channels provided for by laws and regulations. Article 38 of the "Regulations on the Handling of Medical Accidents" In the event of a medical accident dispute, if the parties apply to the health administrative department for handling, it shall be accepted by the county-level people's ** health administrative department where the medical institution is located.

If the location of the medical institution is a municipality directly under the Central Government, it shall be accepted by the people's health administrative department of the district or county where the medical institution is located. In any of the following circumstances, the county-level people's ** health administrative department shall transfer it to the people's ** health administrative department at the next higher level within 7 days from the date of receiving the report from the medical institution or the party's application for handling the medical accident dispute: (1) the patient's death; (2) It may be a medical accident of the second degree or higher; (3) Other circumstances stipulated by the health administrative departments and the people's health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

Medical malpractice hospitals can claim compensation through negotiation, mediation, and litigation. In the event of a medical dispute, where compensation is required, the amount of compensation shall be determined in accordance with the provisions of the law. Both doctors and patients shall express their opinions and demands in a civilized and rational manner, and must not have illegal acts.

[Legal basis].Article 22 of the Regulations on the Prevention and Handling of Medical Disputes.

In the event of a medical dispute, both the doctor and the patient can resolve it through the following ways:

1) Voluntary negotiation between the two limb parties;

(2) Applying for people's mediation;

(3) Applying for administrative mediation;

(4) Initiating litigation in the people's courts;

5) Other ways stipulated by laws and regulations.

Article 43.

In the event of a medical dispute, where the parties fail to negotiate or mediate, they may file a lawsuit in the people's court in accordance with law. The parties may also file a lawsuit directly with the people's court. Imitation of mountains.

In the event of a medical dispute: under normal circumstances, the two parties to the dispute can settle on their own, and if the parties are unwilling to reconcile or unable to reconcile, the health administrative department can mediate, and the parties can also directly file a civil lawsuit with the people's court.

[Legal basis].Article 46 of the Regulations on the Handling of Medical Accidents is lacking.

In the event of a civil liability dispute such as compensation for medical malpractice, the doctor and the patient may resolve it through negotiation; 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.

Article 47.

Where the parties negotiate to resolve civil liability disputes such as compensation for medical malpractice, an agreement shall be drafted. The agreement shall clearly state the basic circumstances of both parties and the cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, and shall be signed by both parties.