What is medical malpractice, legal help, and legal assistance for medical malpractice

This, I'm sorry, I can't give you the problem because I didn't see the patient, but I believe it. For the sake of the child, the mother will also persevere.

I can only point out one place for you in the situation you mentioned, the child's mother is now in the provincial hospital, right? Ask them to issue a description of the patient's current condition, and then bring your local medical records, diagnosis certificate, and write a written explanation to the Provincial People's Congress's Letters and Visits Office.

Because the situation you mentioned is really complicated, it is still necessary to be cautious in handling it at the prefectural and municipal levels.

For such things are more common in the country. Especially in grassroots hospitals, the first medical skills are not perfect, the second is poor sense of responsibility, and the third is only known to conceal and deceive when something happens. Such a situation can only be resolved by judicial means.

There are many specific ways to ask a specialized medical malpractice lawyer to sue, choose a reasonable cause of action, formulate an effective litigation strategy, and break the false network woven by the hospital. Because the burden of proof is reversed, the hospital will spend money to apply for a medical malpractice appraisal, so you don't have to spend money. However, for the problem of falsification of medical records, you must present definite evidence and present corresponding facts to confront it, so that the appraisal will be suspended, and you can also prove the falsification of the hospital's medical records through judicial appraisal, so that the hospital will be unable to provide evidence.

Hiring a good lawyer to get involved in litigation from an appropriate starting point and choose a good cause of action can be of great help to you.

Go to court and sue the hospital. I'll do it for you for free as a lawyer who specializes in medical lawsuits.

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First of all, I feel sad about this kind of thing, but you should find a lawyer to understand the situation and see if you can repay your notarization through the law.

Legal analysis: Citizens applying for legal aid must meet two conditions, that is, the applicant has sufficient reasons to prove that he or she needs legal assistance to protect his legitimate rights and interests; Unable or unable to pay for legal services due to financial difficulties.

Legal basis: The "Legal Aid Regulations" stipulate that citizens may apply to legal aid institutions for legal aid for the following matters that require the highest number of persons who have not been retained due to difficulties in helping their spouses: (1) requesting state compensation in accordance with law;

2) Requesting social insurance benefits or minimum subsistence security benefits;

3) Requests for payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Assertion of civil rights and interests arising from acts of righteousness and courage.

Step 1: Consultation.

In the event of a major medical accident, most of the patient's family members will be confused, is it a medical accident? If so, how much can I compensate? What is the medical malpractice process?

Don't panic, bring the existing medical record materials and ask a professional to help analyze them.

After the consultation, whether it is mediation or litigation, I have a bottom in my heart.

Step 1: Fix the evidence.

1.Sealing and photocopying of medical records, which is the most important evidence in medical malpractice cases;

2.If the cause of death is unknown, it is advisable to do a 'cause of death evaluation'

3.So don't be anxious, don't be noisy, don't make trouble in case of medical disputes. First, the evidence needs to be fixed. Prepare for the future of enforcement;

Step 2: Solution.

1.self-negotiation;

The patient and the hospital negotiate separately to resolve the issue. If the patient is afraid of the hospital's troubles, a professional can be invited to intervene to assist in the negotiation.

2.mediation and administrative mediation by the Medical Adjustment Commission;

The advantages of mediation by the Medical Adjustment Commission save money, effort and time. However, it is difficult to achieve a satisfactory result for both parties, and administrative mediation is relatively unlikely at present.

3.Lawsuit. If all three of the above methods are tried, the only way to go to litigation is to choose.

There is no order of the above solutions, you can mediate first and then litigate, or you can mediate while litiating. The choice of litigation should also be combined with the consequences of the damage and the causal relationship and risk.

Do not litigate blindly, be sensible, medical malpractice cases are more complex, and the requirements for medical professionalism are relatively high, so it is recommended to invite professionals to intervene in the case in the process of rights protection and give professional guidance and help.

1. How to deal with medical malpractice disputes?

1. The doctor and the patient negotiate and settle the problem by themselves.

2. Handling by the health administrative department.

In the event that a medical malpractice dispute cannot reach an agreement on the confirmation (i.e., qualitative) and handling of the medical malpractice through self-negotiation between the medical unit and the patient and his or her family, the local medical malpractice technical appraisal committee shall conduct an appraisal and then the health administrative department shall handle it.

3. Litigation resolution.

Litigation resolution can be divided into three ways: civil litigation resolution, criminal litigation resolution and administrative litigation resolution.

If a party meets the requirements for legal aid and needs to apply for legal aid, he or she may apply for legal aid to the Legal Aid Center of the Bureau of Justice and submit supporting documents that meet the requirements for legal aid. The Legal Aid Ordinance, which came into force on 1 September 2003, clearly stipulates that legal aid is a duty. In accordance with the provisions of Articles 10 and 11 of Chapter II of these Regulations, citizens who have the following matters and have not retained a person or defender may apply to the people's court for legal aid or designate a defense:

1) Demand compensation from the state in accordance with the law; (2) Claiming social insurance benefits or minimum living security benefits; (3) demand for the payment of pensions and benefits; (4) demand for alimony, alimony, and alimony; (5) Demand payment of labor remuneration; (6) asserting civil rights and interests arising from voluntary acts; (7) The criminal suspect has not hired a lawyer due to financial hardship since the date on which the investigating organ first questioned or compulsory measures were taken; (8) The victim in the public prosecution case and his or her legally-designated person or close relatives have not retained a litigator due to financial difficulties since the date on which the case was transferred for review for prosecution; (9) The private prosecutor and his legally-designated ** person in a private prosecution case have not retained the defendant to provide financial assistance due to financial hardship or other reasons since the date the case was accepted by the people's court; （11）

Article 10 of the Legal Aid Regulations provides that citizens may apply to legal aid institutions for the following matters that require **, and Dong Jiansui does not have a person to retain ** due to financial difficulties:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage.

The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph.

Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article. Shirts.

1. ID card or other valid identification certificate;

2. Proof of the applicant's family financial difficulties;

3. Evidentiary materials related to the case and with facts proving that legal assistance is needed to protect one's legitimate rights and interests;

1) For cases that have already been filed, a notice of acceptance of the case shall be submitted and a statement of indictment or reply shall be attached

2) The patient's final medical malpractice technical appraisal that has been identified as a medical malpractice;

Medical expenses and inpatient meal allowances: inpatient and outpatient medical records and vouchers related to medical expenses, supplementary nutrition and hospital certificates for continuation;

Lost time pay: Proof of the patient's reduced income due to medical malpractice;

Companion fee: A certificate from the hospital that you are in need of care during your hospitalization;Wait a minute.

Legal basis] Article 50 of the Regulations on the Handling of Medical Accidents, medical accident compensation shall be calculated in accordance with the following items and standards:

1) Medical expenses: calculated according to the medical expenses incurred in the personal injury caused by the medical accident to the patient, and paid by vouchers, but excluding the medical expenses for the original disease. If it is really necessary to continue after the case is closed, it will be paid according to the basic medical expenses.

2) Lost work expenses: If the patient has a fixed income, it shall be calculated according to the fixed income reduced by the patient due to lost work, and if the income is more than 3 times the average annual salary of the employee in the previous year in the place where the medical accident occurred, it shall be calculated according to 3 times the amount of the date change;If there is no fixed income, it shall be calculated according to the average annual salary of the employees in the previous year when the medical accident occurred.

3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for general staff of state organs in the place where the medical accident occurred.

5) Disability living allowance: According to the level of disability, calculated according to the average annual living expenses of the residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability;However, if you are over 60 years old, it will not exceed 15 years;Those over 70 years old should not exceed 5 years.

6) Expenses for disability appliances: If it is necessary to allocate compensatory functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of the medical institution. (7) Funeral expenses: calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

8) Living expenses of dependents: Calculated in accordance with the minimum subsistence security standards for residents of the place of household registration or residence of the deceased or disabled person who were actually supported and did not have the ability to work before the deceased was alive or before the disabled person lost the ability to work. For those under the age of 16, they shall be supported until the age of 16.

Those who have reached the age of 16 but are unable to work shall be supported for 20 years;However, if you are over 60 years old, it will not exceed 15 years;Those over 70 years old should not exceed 5 years.

9) Transportation expenses: Calculated according to the actual necessary transportation expenses of the patient, paid by vouchers. (10) Accommodation expenses: calculated according to the standard of accommodation subsidy for general staff of state organs in the place where the medical accident occurred, and paid with vouchers.

11) Solatium for mental damages: calculated on the basis of the average annual living expenses of residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient's disability is caused, the maximum period of compensation shall not exceed 3 years.

If a party meets the requirements for legal aid and needs to apply for legal aid, he or she may apply for legal aid at the Legal Aid Center of the Bureau of Justice and submit supporting documents showing that he or she meets the legal aid requirements.

The Legal Aid Ordinance, which came into force on September 1, 2003, makes it clear that legal aid is a responsibility. According to the provisions of Articles 10 and 11 of Chapter II of the Regulations, citizens who have the following matters and have not retained such a person or defender may apply for legal aid or have a defense appointed by the people's court:

1) Requesting state compensation in accordance with law;

2) Requests for social insurance benefits or minimum livelihood security benefits;

3) Requests for the payment of bereavement pensions or relief funds;

4) Requests for alimony, child support, or alimony;

5) Requests for payment of labor remuneration;

6) Asserting civil rights and interests arising from acts of righteousness and courage.

7) The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are employed;

8) In a public prosecution case, the victim and his legally-designated person or close relatives have not retained a litigator due to financial difficulties since the date on which the case was transferred for review for prosecution;

9) The private prosecutor in a private prosecution case and his legally-designated ** person, since the date on which the case is accepted by the people's court, have not retained a litigant due to financial hardship;

10) In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid;

11) Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.

1. The medical slag institution and the victim can negotiate and settle the matter on their own; 2. File a lawsuit with the people's court for settlement; 3. Apply to the health administrative department for resolution; 4. Apply for mediation by relevant organizations or third parties; 5. Other latest ways.

Legal basis] Article 22 of the Regulations on the Prevention and Handling of Medical DisputesIn the event of a medical dispute, the doctor and the patient may resolve it through the following channels: (1) voluntary negotiation between the two parties; (2) Applying for people's mediation; (3) Applying for administrative mediation; (4) Initiating litigation in the people's courts; (5) Other channels provided for by laws and regulations. Article 24: Where there is a dispute over the quiet treatment of a doctor and it is necessary to seal or unseal the medical records, it shall be conducted in the presence of both the doctor and the patient.

The sealed medical records may be originals or copies, and shall be kept by medical institutions. Where medical records have not yet been completed and need to be sealed, the completed medical records shall be sealed first; After the medical records are completed in accordance with the regulations, the subsequent completed parts will be sealed. Medical establishments shall make a sealed list of sealed medical records, which both the doctor and the patient shall sign or affix a seal, and each shall hold a copy.

If the medical dispute has been resolved after the medical records have been sealed, or the patient has not submitted a request for resolving the medical dispute after the medical records have been sealed for 3 years, the medical institution may open the seal on its own.