Compensation related to medical malpractice due to broken steel plates

I suggest contacting the hospital to do a steel plate quality inspection, the hospital must have a doctor's order, how long can you not step on the ground or something, so you said that it was a medical malpractice ......It's hard to say, let's look at the steel plate first.

It should be discussed on a case-by-case basis, if the fracture of the steel plate is not caused by the patient's human factors, then it may be caused by improper operation of the hospital, or it may be that there is a problem with the steel plate used by the manufacturer, and judicial appraisal should be applied for confirmation. Article 1223 of the Civil Code of the People's Republic of China provides that if a patient suffers damage due to defects in medicines, sterilized caravana products, medical devices, or transfusion of substandard blood, the patient may request compensation from the marketing authorization holder, manufacturer, blood providing institution, or medical institution. If the patient requests compensation from a medical institution, the medical institution has the right to compensate the responsible marketing authorization holder, manufacturer, or blood provider after compensation.

1) If the steel plate on the leg is broken, if it is outside the hospital, it is not a medical accident, and it may be caused by strenuous exercise. Generally, after the operation**, X-ray or CT will be re-examined to see the specific condition of the steel plate, and if there is no exercise at all during this period, it is considered to be due to its own reasons. If the recovery is good, there is generally no need for special **, and the steel plate will be taken after one year.

1. How long after surgery can I do a work-related injury identification?

1. The current "Regulations on Work-related Injury Insurance" and the "Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work" do not have clear provisions on the time for the appraisal of labor ability (appraisal of work-related injury and disability grades).

2. According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be appraised for his or her ability to work.

3. Employees injured at work need to apply for labor ability appraisal to identify the level of work-related injury after the injury is stable. If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body).

2. How much can be compensated for a disability work-related injury with a broken thigh?

Generally, the victim can be determined to be in stable condition after being discharged from the hospital for the first time, and then he can go to the court to sue and apply for a disability evaluation, and he does not need to wait for the second operation (such as taking a steel plate) to conduct a disability evaluation. Pay attention to bring outpatient (emergency) cases, inpatient medical records and various ** during the identification. The time of disability assessment is at the end of **, and there should be a discharge diagnosis certificate.

Fractures can generally be assessed as 7 to 10 grade disability, and the victim can take the appraisal report to the infringer or insurance company for compensation.

3. Can the work-related injury identification be done after the second fracture is removed?

1.The current Regulations on Work-related Injury Insurance and the Administrative Measures for the Appraisal of the Working Ability of Employees Injured at Work do not have a clear time limit on how long after an injury can be applied for a labor ability appraisal (work-related injury disability grade appraisal). 2.

According to Article 21 of the Regulations on Work-related Injury Insurance, if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be assessed for his or her ability to work. 3.Generally speaking, injured employees need to wait for the injury to stabilize before they can apply for a labor ability appraisal to determine the level of work-related injury.

If there are internal fixation devices such as steel nails and steel plates in the body, they can only be assessed after removal (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be removed and have been kept in the body). 4.If you have any questions, you can consult your local labor department.

Whether the fracture of the steel plate in the body is a medical accident requires a comprehensive judgment to determine whether the product is defective, whether the timing or plan of surgery meets the diagnosis and treatment standards, and whether there is a patient's own disease or improper use.

According to Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Liability for Medical Damages, if the fracture of the steel plate is caused by a defect in the product, the patient may claim compensation from the medical institution, the manufacturer or the seller, either of whom or be a co-defendant.

1. How to conduct the identification of medical malpractice.

The evaluation of whether it is a medical malpractice should be based on whether it meets the following requirements: 1. The subject of the medical malpractice is the legal medical institution and its medical personnel in Chaji; 2. Medical institutions and their medical personnel have violated medical and health management laws, regulations, and medical and nursing norms and routines; 3. The direct perpetrator of the medical malpractice is subjectively negligent in diagnosis and treatment; 4 The patient has personal injury consequences; 5 There is a causal relationship between the medical act and the consequences of the damage.

2. Under what circumstances is it a product infringement?

1.Produced or sold products that do not meet product quality requirements. That is, the product has an unreasonable danger of endangering the safety of persons and other people's property, or the product does not meet the national standards and industry standards for protecting human health and personal and property safety.

2.Substandard products have caused property and personal damage to others. The property of others referred to here refers to the property other than the defective product, and as for the damage to the defective product itself, the purchaser can require the seller to bear the liability for breach of contract according to the provisions of the Shanshen Civil Code, rather than the product liability.

The victim of personal injury can be the purchaser, the consumer, or a third party other than the purchaser or consumer.

3.There is a causal link between the defect of the product and the fact of the victim's damage. The fact of damage should be caused by the defective product, otherwise the producer or seller shall not be liable.

Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Liability for Medical Damages.

Where the defective medical product and the medical establishment's negligent diagnosis and treatment jointly cause the same harm to the patient, and the patient asks the medical institution and the manufacturer or seller of the medical product to bear joint and several liability, it should be supported. Where medical establishments, or producers or sellers of medical products, recover compensation from other responsible entities after they bear liability for compensation, the corresponding amount shall be determined on the basis of the diagnosis and treatment conduct and the causal force of the harm caused to the patient by the defective medical product. Where the transfusion of substandard blood and the medical establishment's negligent diagnosis and treatment jointly cause the same harm to the patient, the provisions of the preceding two paragraphs shall be applied by reference.

Legal analysis: It depends on which manufacturer, and then the compensation is made according to the degree of disability. Moral damages depend on whether you have to go through the courts or not.

Legal basis: "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" Article 4 According to the principle of item classification and the degree of disability caused by work-related injuries, and comprehensively considering the balance of various categories, the disability level is divided into levels 1 to 10. The heaviest is the first level and the lightest is the tenth level.

For individual disability situations not listed, the grading shall be carried out with reference to the corresponding grading principles in this standard.

After the occurrence of a medical dispute, if the mediation of the administrative mediation line fails to resolve the dispute, both the doctor and the patient have the right to apply for a medical malpractice technical appraisal, and the procedures are as follows:

1. The applicant shall submit a written application to the local medical malpractice technical signing committee, which shall state the process, time and place of the incident, and put forward the reasons for applying for appraisal.

2. The party applying for appraisal shall pay the medical malpractice technical appraisal fee to the Medical Malpractice Technical Appraisal Committee.

3. Convene a medical malpractice technical appraisal meeting. The members of the medical malpractice appraisal committee shall be approved by the people at the same level, and shall be composed of relevant technical experts and forensic doctors.

4. Within 30 days from the date of acceptance of the application by the Medical Accident Technical Appraisal Committee, the accepting institution shall send the appraisal opinion to both parties, and if it is not satisfied with the conclusion made by the local medical malpractice technical appraisal committee, it may apply to the medical malpractice technical appraisal committee at the next higher level for reconsideration within 15 days from the date of receipt of the appraisal opinion, and the appraisal of the Provincial Medical Malpractice Technical Appraisal Committee shall be the final appraisal.

Article 20 of the Regulations on the Handling of Medical Accidents stipulates that after receiving a report from a medical institution on major medical negligence, or a medical malpractice dispute, and the parties request to handle the medical malpractice dispute, if it is necessary to conduct a medical malpractice technical appraisal, it shall hand it over to the medical association responsible for the medical malpractice technical appraisal to organize the appraisal, and the doctor and the patient shall negotiate to resolve the medical malpractice dispute, and if it is necessary to conduct a medical malpractice technical appraisal, it shall be jointly entrusted by both parties. The medical association responsible for the technical appraisal of medical malpractice organizes the appraisal and transfer.

1. What materials should be prepared for applying for medical malpractice appraisal?

The parties shall submit the materials related to the technical appraisal of medical malpractice within 10 days from the date of receipt of the notice from the medical association, and the respondent shall also submit a written statement and defense on the technical appraisal of medical malpractice, and the date of the notice shall be calculated according to the date on which the party signs the notice.

The medical records of outpatient and emergency patients who have not established medical records in medical institutions shall be provided by the patients, and if the patients die, they shall be provided by the statutory ** person, except for the rescue medical records of critically ill patients.

With regard to the submission of written statements and defenses related to the technical appraisal of medical malpractice, it refers to the written pleadings in which the respondent of the technical appraisal of the medical malpractice dispute receives the notice of acceptance of the medical malpractice technical appraisal and a copy of the applicant's application, and within the statutory time limit, makes a statement and refutes the facts, reasons and appraisal request put forward in the application.

The written statement and defense of the medical malpractice technical and mathematical appraisal are divided into the written statement and defense of the first appraisal, the written statement and defense of the second appraisal, and the written statement and defense of the appraisal organized by the Chinese Medical Association.

Summary. I'll answer your questions, kiss you<>

If the steel plate is broken and the hospital negotiates compensation, you need to collect evidence, including the ** of the steel plate, the ** of the fracture site, the testimony of witnesses, etc., to prove that this is an accident. You can then file a claim with the hospital and state your reasons and evidence. Hospitals usually send people to the site to inspect and assess the extent and extent of the damage.

If the hospital admits liability, they will agree with you on the exact amount and method of compensation.

How to negotiate compensation with the hospital if the steel plate is broken.

I'll answer your questions, kiss you<>

If the steel plate is broken and the hospital negotiates compensation, you need to collect evidence, including the ** of the steel plate, the ** of the broken cry zone, the testimony of witnesses, etc., to prove that this is an accident. You can then file a claim with the hospital and state your reasons and evidence. The hospital will usually send someone to the scene to inspect and assess the extent and extent of the damage.

If the hospital admits liability, they will agree with you on the exact amount and method of compensation.

Kiss <>

When encountering this kind of accident in the family chain, it is recommended not to deal with it by yourself at the first time, and take safety measures to avoid more serious accidents. Secondly, notify the relevant personnel of the hospital as soon as possible to assist in the handling, and remember that whether it is your responsibility for this kind of accident or the hospital's responsibility for the accident, it should be effectively solved in the process of accident handling. Finally, if the compensation cannot be satisfactorily resolved, you can consult a lawyer to assist in handling the matter.

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You can talk to the teacher in detail, so that the teacher can better answer for you, <