How to solve medical malpractice and how to solve it if there is medical malpractice

I think the conclusion of the forensic examination should not be an overdose, but a specific cause, such as myocardial ischemia, cerebral infarction, etc.

Then, through this conclusion, combined with the actual situation of anesthesia, it is judged whether it is an anesthesia accident or an anesthesia complication.

It's hard to say whether it's medical malpractice or not, but the anesthesiologist is definitely responsible.

Dry anesthesia is risky, no one knows if it is done well, it is all done by the surgeon; When something goes wrong, there is no one to share the blame, and sometimes you have to take responsibility for the surgeon.

How to solve it - first negotiate compensation with the hospital, and sue if the negotiation is not good.

Anesthesia accidents. Whether it is medical malpractice or not is subject to identification.

Because anesthesia accidents can be caused by the operation, such as incorrect anesthetic dose, or by the patient's own reasons, such as the underlying disease of the body, which is not found in the routine preoperative examination.

The hospital is certainly responsible, but it doesn't have to be medical malpractice.

Legal Analysis: There are three ways to resolve medical disputes, namely conciliation, mediation, and litigation. 1. Settlement (negotiated settlement).

In the event of a medical dispute, the patient and the hospital may reach a settlement agreement on the basis of full consultation on the basis of the principle of equality and voluntariness, and the validity of the settlement agreement shall be determined. 2. Mediation (intervention by a third party such as the health administrative department). 3. Litigation.

Before litigation, the parties may conduct an appraisal of medical malpractice or medical fault, with the medical malpractice appraisal being appraised by the medical association and the medical fault appraisal by the judicial appraisal center. Conducting an appraisal is not a statutory pre-procedure for medical malpractice litigation.

Legal basis: Article 47 of the Regulations on the Handling of Medical Accidents.

If the two parties negotiate to settle civil liability disputes such as compensation for medical malpractice, Shizhaozai shall make an agreement. 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 so forth, and shall be signed by both parties.

Article 48 of the Regulations on the Handling of Medical Accidents.

If it has been determined that it is a medical accident, the health administrative department may, at the request of both parties to the medical accident dispute, conduct medical accident compensation mediation. When mediation, the principle of the voluntariness of both parties shall be followed, and the amount of compensation shall be calculated in accordance with the provisions of these Regulations. After mediation, if the two parties reach an agreement on the amount of compensation, a mediation document shall be drafted, and both parties shall guess and sell and perform; If mediation fails or one party repents after reaching an agreement through mediation, the health administrative department will not mediate.

Legal analysis: through conciliation, mediation. Litigation to protect rights.

Legal basis: Regulations on the Handling of Medical Accidents

Article 46: Disputes over civil liability 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.

Article 47: Where the parties negotiate to settle disputes over liability for medical accidents, such as compensation for medical accidents, an agreement shall be drafted. The agreement shall state the basic information 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, etc., and the parties shall sign the agreement.

The solution to the accident of medical treatment:

1.Negotiate on your own. The doctor and the patient can negotiate and reach an agreement on their own and voluntary basis, and the two parties will handle the dispute according to the agreement.

2.Administrative settlement. If the doctor and the patient are unwilling to negotiate or the negotiation is unsuccessful, they may submit an application for mediation to the health administrative department, and the health and disturbance administrative department may mediate the doctor-patient dispute in accordance with the law.

3.Judicial settlement. Both the doctor and the patient can directly file a lawsuit with the people's court to claim compensation. If the crime of medical malpractice is constituted, criminal responsibility shall be pursued and a sentence of up to three years imprisonment or criminal detention shall be imposed on the person who shouts the finger.

Regulations on the Handling of Medical Malpractice

Article 46.

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.

Analysis of the law of the law and the law of the Shen brothers: it can be done through reconciliation and mediation. Litigation to protect rights.

Legal basis: Regulations on the Handling of Medical Accidents

Article 46: Disputes over civil liability such as compensation for medical accidents may be resolved through negotiation between doctors and patients; If the party is unwilling to negotiate or fails to negotiate, the parties may apply 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 accidents, 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 malpractice jointly determined by both parties, and the amount of compensation determined through negotiation, and so forth, and shall be signed by both parties.

After encountering medical malpractice, there are the following three solutions: 1. The two parties to the medical malpractice are reconciled; 2. The parties to the medical accident are open to the situation; 3. Litigation between the two parties to medical malpractice. Before litigation, the parties may first conduct a medical malpractice appraisal or a medical fault appraisal.

The appraisal of medical malpractice generally requires the appraisal of the medical association, and the appraisal of medical fault is usually conducted by the judicial appraisal center.

[Legal basis].Regulations of the People's Republic of China on the Handling of Medical Accidents》 Article 49 The following factors shall be considered to determine the specific amount of compensation for medical accident compensation:

1) The level of medical malpractice;

2) the degree of responsibility for the medical negligence in the harmful consequences of the medical malpractice;

3) The relationship between the harmful consequences of medical malpractice and the patient's pre-existing medical condition.

If it is not a medical accident, the medical institution shall not be liable for compensation.

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Legal Analysis: Medical malpractice is resolved in this way:1

The hospital negotiates with the patient's family to settle the matter. The hospital can provide a certain amount of compensation, and the two parties sign an agreement. 2.

Through the technical appraisal of medical malpractice, find out the party responsible for the accident. The results of the appraisal can be used as the basis for civil litigation or administrative disposition. 3.

Apply for administrative compensation for medical malpractice. The results of the assessment can be <> for medical malpractice assistance

How to solve medical malpractice in general.

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Legal Analysis: Medical Oak Bird Accident is solved in this way:1

The hospital negotiates with the patient's family to settle the matter. The hospital can provide a certain amount of compensation, and the two parties sign an agreement. 2.

Through the technical appraisal of medical malpractice, find out the party responsible for the accident. The results of the appraisal can be used as the basis for civil litigation or administrative disposition. Liang regrets 3

Apply for administrative compensation for medical malpractice. The results of the assessment can be <> for medical malpractice assistance

Legal basis: The relevant provisions of the "Regulations on the Handling of Medical Accidents": Article 14 In the event of a medical accident, the medical institution shall report to the local health administrative department in accordance with the regulations.

In the event of any of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours: (1) The patient may be a medical malpractice accident of the second degree or higher that causes the patient to play or rent silver slag; (2) Causing personal injury to 3 or more people; (3) Other circumstances <> prescribed by the health administrative departments and the people's health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government

You can report it to the Health Bureau, or you can file a lawsuit directly with the court. However, it should be noted that if the parties submit an application for the handling of medical malpractice disputes to the health administrative department and file a lawsuit with the people's court, the health administrative department will not accept it; If the administrative department of health has already accepted the application, it shall terminate the handling.

Legal basis] Article 14 of the Regulations on the Handling of Medical Accidents, in the event of a medical accident, the medical institution shall report to the local health administrative department in accordance with the regulations.

In the event of any of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours:

1) Medical accidents that cause the death of the patient or may be at the level of the second laughing dust or higher;

2) Causing personal injury to 3 or more persons;

3) Other circumstances stipulated by the health administrative departments and the people's health administrative departments of provinces, autonomous districts, and municipalities directly under the Central Government.

Article 40 of the Regulations on the Handling of Medical Accidents provides that if a party submits an application for the handling of medical accident disputes to the administrative department of health and also files a lawsuit with the people's court, the administrative department of health shall not accept it; If the administrative department of health has already accepted the application, it shall terminate the handling.