How can I claim for this medical malpractice?

There are currently three basic ways to resolve the dispute between the patient and the doctor, who believes that the doctor should be held responsible, and who has a disagreement with the doctor: negotiate and sign an agreement with the doctor, apply to the health administrative authority for handling, and file a lawsuit in the people's court.

1. Negotiate with the doctor to solve the problem and sign the agreement. Since medical institutions are mainly state-owned institutions, the person in charge of the medical institution does not have the specific authority to compensate before the appraisal of medical malpractice and when the appraisal is not an accident, and the situation where the doctor-patient disagreement is reached is mainly limited to the situation that the appraisal is a medical malpractice.

2. Apply to the health administrative authority for processing. Articles 37 and 38 of the Regulations on the Handling of Medical Accidents stipulate that the parties concerned shall submit a written application to the county-level people's health administrative department where the medical institution is located. The county-level people's ** health administrative department where the medical institution is located shall transfer the patient's death and possible medical accidents above the second level to the people's ** health administrative department at the prefecture and city level within 7 days.

The handling of the case by the health administrative authority is based on the conclusion of the medical accident appraisal of the medical association and the Regulations on the Handling of Medical Accidents.

Four. Ten. Provisions of 9, 50 and 51. There is no compensation for death compensation as stipulated by other laws and regulations. The written application shall be submitted within one year from the date on which the person concerned knew or should have known that his or her physical health had been harmed.

3. File a lawsuit in the people's court. At present, filing a lawsuit for medical compensation disputes in the people's court is not premised on the identification of medical malpractice. The burden of proof on the affected party is focused on the consequences of the damage (disability level, death, etc.) and the medical relationship (medical records, medical bills, etc.).

The Notice of the Supreme People's Court on the Trial of Civil Cases of Medical Disputes with Reference to the Regulations on the Handling of Medical Accidents stipulates that the provisions of the General Principles of the Civil Law shall apply to other medical compensation disputes arising from reasons other than medical malpractice. According to the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, in litigation, the conclusion of the medical malpractice appraisal of the medical association is only one type of litigation evidence, which must be cross-examined, and the appraiser should appear in court to be questioned, before it can be used as valid evidence and as the basis for determining the liability of the medical unit for compensation. Among them, if the patient's death is caused, the people's court may, in accordance with the General Principles of the Civil Law and relevant laws and regulations, support the patient's claim for compensation for the death compensation.

After clarifying the characteristics of the above solutions, the patient should decisively choose the more suitable pathway to avoid delaying unnecessary problems and causing passivity.

Human life is at stake, and the loss of 100,000 is almost the same.

Legal Analysis: In the event of a medical dispute, the two parties can claim compensation: 1. Voluntary negotiation between the two parties; 2. Apply for the royal line to ask the people for mediation; 3. Apply for administrative mediation; 4. File a lawsuit with the people's court; 5. Other ways of counterfeiting stipulated by laws and regulations.

Legal basis: Article 46 of the Regulations on the Handling of Medical Accidents In the event of a medical accident, civil liability disputes such as compensation for medical accidents may be resolved through negotiation between the doctor and the patient; If they are unwilling to negotiate or the negotiation fails, the parties may apply to the health administrative department for mediation to demolish the rent, or they may directly file a civil lawsuit with the people's court.

1. In the event of a medical dispute during the mediation process, it is first recommended that the parties to the medical dispute first conduct mediation, and there are three ways of mediation, one of which can be selected or another way to mediate after one mediation is unsuccessful. The adjustment method is as follows: 1. Communication of medical staff:

Medical institutions and medical personnel have the obligation to respect the patient's right to know, provide professional explanations of the patient's condition and diagnosis, increase the number of communication with the patient, eliminate misunderstandings, and resolve conflicts. 2. Mediation: If the two medical personnel follow the principles of legality, reasonableness and voluntariness through exchanges, and allow each other to reach a settlement opinion, they shall sign a letter of agreement and the medical personnel shall sign and seal it.

3. Third-party mediation. 2. Judicial appraisal processIf the dispute cannot be successfully mediated, then the judicial appraisal can be carried out and the legal procedure can be handled according to the judicial appraisal results. Forensic appraisal includes medical malpractice technical appraisal and forensic appraisal.

It is usually completed within 30 working days. 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 within 15 days from the date of receipt of 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.

Article 46 of the Regulations on the Handling of Medical Accidents stipulates that civil liability disputes such as compensation for medical accidents may 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.

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. Legal basis: Article 46 of the Regulations on the Handling of Medical Accidents provides that civil liability disputes such as compensation for medical accidents may be resolved through negotiation between the two parties; If the parties are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department

In the event of a medical accident, the hospital shall compensate for the following types of expenses:

1.Medical expenses;

2.Lost time pay; Youfeng.

3.Meal allowance for hospitalization and banquet;

4.Escort fees;

5.Disability living allowance;

6.disability appliance fee;

Legal analysis: In the event of a medical dispute, it is first recommended that the parties to the medical dispute mediate first, and there are three ways to mediate, and one of them can be selected or one mediation is unsuccessful and then other ways of mediation. 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 contradictions.

2. Mediation: If the doctor and the patient follow the principles of legality, reasonableness, and self-acceptance through communication, and reach a consensus on reconciliation through mutual understanding, an agreement shall be signed, which shall be signed and sealed by both the doctor and the patient.

3. Third-party mediation.

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 may resolve it through the following ways:

1) Voluntary negotiation between the two parties;

2) Applying for people's mediation;

3) Apply for administrative mediation;

4) Initiating litigation in the people's courts;

5) Other channels provided for by laws and regulations.

According to the Regulations on the Handling of Medical Malpractice Chain Slag, 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.

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