How to divide the degree of responsibility for medical malpractice

1. Division of responsibility for medical malpractice.

According to Article 36 of the Interim Measures for the Technical Appraisal of Medical Malpractice, the degree of liability for medical negligence in medical malpractice is divided into:

1. Full responsibility:

It refers to the fact that the damage caused by medical malpractice is caused solely by medical negligence. (100% of the total loss).

2. Main responsibilities:

It means that the damage consequences of medical malpractice are mainly caused by medical negligence, and other factors play a secondary role. (60-90% of the total loss).

3. Secondary Liability:

It means that the damage consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role. (20-40% of the total loss).

4. Slight liability:

It means that most of the damage consequences of medical malpractice are caused by other factors, and medical negligence plays a minor role. (Compensation for total losses shall not exceed 10%)

In practice, there is also reciprocal responsibility: that is, both the doctor and the patient bear 50%.

The difference in the degree of liability has a greater impact on the amount of compensation, and it does not show the principle of consistency between the fault procedure and the responsibility, which is more fair and reasonable than the content of the original "Measures for the Handling of Medical Accidents" that will bear 100% compensation as long as it is identified as an accident regardless of the degree of responsibility.

The "primary responsibility" or "secondary liability" or "slight liability" in the medical malpractice appraisal is the determination of the causal force of the accident, and its original meaning is "main cause" or "this important cause", but the administrative punishment of the relevant responsible person by the medical administrative department seems to be based on the causal force as the main basis, and it needs to be expressed in this way.

Of course, the appraisal conclusion of the medical association is not a specific administrative act, and administrative reconsideration and administrative litigation cannot be initiated, and its conclusion is only in the nature of expert testimony, which can only play the role of evidence in the people's court, and has no absolute binding force.

How to divide the medical malpractice liability identification.

There are several types of liability for medical negligence.

1. Full liability: It means that the damage consequences of medical malpractice are completely caused by medical negligence. (100% of the total loss).

2. Primary liability: refers to the fact that the damage consequences of medical malpractice are mainly caused by medical negligence, and other factors play a secondary role. (60-90% of the total loss).

3. Secondary liability: refers to the fact that the damage consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role. (20-40% of the total loss).

4. Slight liability: It means that most of the damage consequences of medical malpractice are caused by other factors, and medical negligence plays a minor role. (The compensation for the loss of the entire demolition tribe shall not exceed 10%).

According to the laws of our country, 1. Full liability: refers to the fact that the damage caused by medical malpractice is completely caused by medical negligence. (100% of the total loss).2. Main responsibilities:

It means that the damage consequences of the medical fan treatment accident are mainly caused by medical negligence, and other factors play a secondary role. (60-90% of the total loss).3. Secondary liability: refers to the fact that the damage consequences of medical malpractice are mainly caused by other factors, and medical negligence plays a secondary role.

(20-40% of the total loss).4. Slight liability: refers to the fact that most of the damage consequences of medical malpractice are caused by other factors, and medical negligence plays a slight role. (Compensation for all losses shall not exceed 10%) In practice, there is also a reciprocal family responsibility

That is, both the doctor and the patient bear 50%. Article 36 of the Interim Measures for Technical Appraisal of Medical Malpractice.

There are four types of liability for medical negligence in medical malpractice:

a) Full liability, solely caused by medical negligence.

2) Primary liability, which is mainly caused by medical negligence, with other factors playing a secondary role.

3) Secondary liability, which is mainly caused by other factors, and medical negligence plays a secondary role.

4) Minor liability, most of which is caused by other factors, and the medical negligence of the Zao Bureau plays a minor role.

Legal basis: Article 36 of the "Interim Measures for Technical Appraisal of Medical Malpractice" The expert appraisal team shall comprehensively analyze the role of medical negligence in causing the harmful consequences of medical malpractice, the patient's pre-existing medical condition and other factors, 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, finger cracking medical malpractice damage consequences are entirely caused 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.

How to divide the medical malpractice liability identification.