Medical Malpractice Help: 20, Medical Malpractice Help

1. The health center should have a record of asking the patient whether he has a history of diabetes, and if there is no record in this regard, the hospital cannot be exempted from liability. Because the original medical record is the most critical evidence, the diagnosis and treatment process is based on the medical record.

2. If the health center writes an IOU, if there is no evidence to prove that the other party coerced the writing, it is valid, and if it is written by one party by fraud or coercion, which damages the interests of the state, the IOU is invalid. If one party concludes a contract by means of fraud or coercion, if it only harms the interests of the other party, it is a civil act that can be revoked. If one party concludes a contract by fraud or coercion, which damages the interests of the state, it is an invalid civil act.

3. The use of glucose saline is not an absolute contraindication, and this usage is often seen in clinical practice. Glucose itself is an energy and a carrier, not to mention insulin neutralization. For example:

When the patient is not suitable for too much saline, (patients with heart failure should not be given too much sodium chloride); Another example: when rescuing diabetic ketoacidosis, when the blood sugar is less than that, it is necessary to change the normal saline to 5% glucose.

4. In the case of issuing the relevant appraisal certificate, the compensation can be negotiated after distinguishing the responsibility.

The body has not been examined, and the cause of death is unknown!

Do a good job of going to the Public Security Bureau to complain about fraud.

I don't know if there is a first medical record of the patient, and if so, it can be identified. If not, please hurry up and make a copy, don't let the hospital get into the loop!

Legal Analysis: Medical disputes refer to disputes between medical enterprises or institutions with legal qualifications such as grinding rubber in medical service halls, medical diagnosis, medical care, medical cosmetology, medical record writing, etc., and patients and tourists. At present, medical disputes in China are particularly difficult to deal with.

Legal basis: "Regulations on the Handling of Medical Accidents" Article 3 The handling of medical accidents shall follow the principles of openness, fairness, justice, timeliness, and convenience for the people, adhere to the scientific attitude of seeking truth from facts, and ensure that the facts are clear, the characterization is accurate, the responsibilities are clear, and the handling is appropriate.

Medical disputes refer to disputes that occur in medical enterprises, institutions, legal persons or institutions with legal qualifications, such as medical and health, preventive health care, and medical cosmetology.

One (or more) parties believe that the other party (or parties) have negligence in providing medical services or performing statutory and contractual obligations, resulting in actual damage consequences, and shall bear liability for breach of contract or tort liability, but the two (or more) parties have different understandings of the disputed facts, dispute with each other, and have their own opinions.

In a broad sense, medical disputes include civil disputes (civil compensation, etc.), administrative disputes (administrative penalties, etc.), and criminal liability (medical malpractice crimes, etc.) between doctors and patients.

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 3 The State shall establish a medical quality and safety management system, deepen the reform of the medical and health system, standardize diagnosis and treatment activities, improve medical services, improve the quality of medical care, and prevent and reduce medical disputes.

In diagnosis and treatment activities, doctors and patients should respect each other, and protect their own rights and interests and should abide by the provisions of relevant laws and regulations.

Article 4: The handling of medical disputes shall follow the principles of fairness, impartiality, and timeliness, seek truth from facts, and handle them in accordance with law.

Article 5: The people at the county level or above shall strengthen leadership and coordination over the prevention and handling of medical disputes, include them in the comprehensive management system of social security, establish mechanisms for division of labor and coordination between departments, and urge departments to perform their duties in accordance with law.

Legal analysis: There are the following five paths: 1. Voluntary negotiation between the two parties; 2. Apply for people's mediation; 3. Shen Beifan returns to apply for administrative mediation; 4. File a lawsuit with the people's court; 5. Other ways stipulated by laws and regulations.

Where the doctor and patient reach an agreement through consultation, a written settlement agreement shall be signed. The determination of the amount of compensation through negotiation shall be based on the facts to prevent abnormally high or low compensation.

Legal basis: "Regulations on the Prevention and Handling of Imitation Hunger in Medical Disputes" Article 22: In the event of a medical dispute, both the doctor and the patient may resolve it through the following channels: (1) voluntary negotiation between the two parties, 2) application for people's mediation, 3) application for administrative mediation, 4) filing a lawsuit with the people's court, 5) other channels provided for by laws and regulations.

1. Article 54: Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution and its medical staff are at fault, the medical institution shall be liable for compensation.

Article 55: Medical personnel shall explain the patient's condition and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special medical treatments, medical personnel shall promptly explain to the patient the medical risks, alternative medical treatment options, and other circumstances, and obtain their written consent; Where it is not appropriate to explain to the patient, it shall be explained to the patient's close relatives and their written consent shall be obtained. Where medical personnel fail to fulfill the obligations in the preceding paragraph and cause harm to patients, the medical establishments shall bear responsibility for compensation.

2. Go directly to the court to sue.

Medical malpractice cases are essentially civil compensation disputes arising from the tort of medical negligence causing damages. The statute of limitations for personal injury in the General Principles of the Civil Law applies, and the statute of limitations is one year. But here's the thing.

Belong, he violated your right to informed consent, this doctor is too much to pursue economic interests, there is no medical ethics, you win this steadily.

Medical malpractice can be sued directly by the hospital!

Ask a professional lawyer to do it, generally speaking, the hospital has the burden of proof.

1. Strictly abide by the laws, regulations, rules and norms and routines of medical and health management, abide by the professional ethics of medical services, improve service attitude, establish a good doctor-patient relationship, and prevent the occurrence of medical disputes. Medical staff have noble professional ethics, is the primary premise of serving patients wholeheartedly, but also the minimum standard to measure a medical worker, so the hospital should educate medical staff to establish the spirit of dedication and "people-oriented" service concept, in-depth development of "patient-centered" quality service activities, civilized medical treatment. 2. Medical institutions should strengthen quality management and plug loopholes, which is an effective measure to prevent medical disputes.

In order to improve the quality of medical care, ensure medical safety, and reduce the occurrence of medical disputes, it is necessary to effectively ensure the quality of medical care and effectively monitor all links that affect the quality of medical care. 3. Improve the quality of medical records and various medical documents and strengthen management. Truthfully record the actual situation of the patient strictly based on the objective situation, mark the medical records in accordance with the law when supplementing and correcting them, keep the medical records safely and properly, and treat the medical records strictly and responsibly.

First take the current medical record materials and negotiate with the previous hospital to see how to compensate. If the negotiation fails, go to court to file a lawsuit. After all, the litigation process is cumbersome, and you don't necessarily get more than you get out of negotiation.

At the time of the lawsuit, the defendant was the hospital where the operation was performed, and the legal representative was the president, and the defendant went to the basic court where the hospital was located to file a lawsuit. The following is the legal basis:

Article 119 of the General Principles of the Civil Law: Where a citizen's body is infringed upon and injuries are caused, compensation shall be made for medical expenses, income lost due to lost work, living allowances for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid.

Article 134:The main methods for bearing civil liability are:

1) Cease the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property;

5) restitution; (6) Repair, rework, or replacement; (7) Compensate for losses; (8) Pay liquidated damages;

9) Eliminate the impact and restore reputation; (10) Make a formal apology.

The above methods of bearing civil liability may be applied separately or in combination.

Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where the person entitled to compensation sues for compensation due to the infringement of life, health, or body, and requests compensation for property losses or mental damages from the person obligated to compensate, the people's court shall accept it.

"Compensation rights holders" as used in this article refers to victims who have directly suffered personal injuries as a result of tortious acts or other causes of harm, dependents who have the obligation to support the victim in accordance with law, and close relatives of deceased victims.

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts: Where natural persons who have suffered unlawful infringement of the following personality rights file a lawsuit with the people's court requesting compensation for moral damages, the people's court shall accept it in accordance with law:

1) The right to life, health, and body;

8) In tort litigation arising from medical acts, the medical institution bears the burden of proof that there is no causal relationship between the medical act and the result of the injury and that there is no medical fault.

Article 108 of the Civil Procedure Law: The following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.