Legal professionals answer, can I ask for a refund for the expenses incurred in misdiagnosis?

Updated on society 2024-05-17
5 answers
  1. Anonymous users2024-02-10

    If the doctor recommends that you go for a test and you agree to it, then the doctor is not responsible because he is only advising.

    If the doctor gives you a test sheet and nothing in between, then you can ask the hospital to refund it.

  2. Anonymous users2024-02-09

    Of course, it is required to be refunded, and compensation for other costs incurred as a result is requested.

  3. Anonymous users2024-02-08

    Doctors who misdiagnose them will bear civil legal liability and may be suspected of criminal liability. Doctors are liable for the tort of pure ruler for misdiagnosis, such as compensation for medical expenses, lost work expenses, hospital meal subsidies, escort fees and other expenses. If a doctor misdiagnoses a suspected crime of medical malpractice or illegal practice of medicine, he or she shall bear corresponding criminal responsibility.

    Legal basis: Article 50 of the Regulations on the Handling of Medical Accidents Compensation for medical accidents shall be calculated according to the following items and standards: (1) Medical expenses.

    2) Lost time pay. (3) Hospitalization meal subsidy. (4) Escort fees.

    5) Disability living allowance. (6) Expenses for disability appliances. (7) Funeral expenses.

    8. Lack of search) living expenses of dependents. (9) Transportation expenses. (10) Accommodation fees.

    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.

    Article 51: The transportation expenses, lost work expenses, and lodging expenses required by close relatives of patients participating in the handling of medical accidents are to be calculated with reference to the relevant provisions of article 50 of these Regulations, and the number of people who calculate the expenses is not to exceed 2. Where a patient dies as a result of a medical accident, the transportation expenses, lost work expenses, and lodging expenses required by the patient's spouse and immediate family members participating in the funeral activities are to be calculated with reference to the relevant provisions of Article 50 of these Regulations, and the number of persons who calculate the expenses is not to exceed 2.

  4. Anonymous users2024-02-07

    If there is an obvious misdiagnosis caused by the doctor's misdiagnosis, then the doctor is at fault for the delay in the letter, and the medical expenses incurred by the wrong clinic should be borne by the medical institution. According to the relevant regulations of the Civil Code, the damage suffered by the patient in the course of diagnosis and treatment is the fault of the medical institution or its medical staff, and the liability for compensation shall be borne by the medical institution. In addition, if medical personnel fail to fulfill their obligations such as explaining the medical risks to patients, and cause harm to patients, the medical institutions shall be liable for compensation.

    Legal basis, Article 1218 of the Civil Code of the People's Republic of China [Principle of Attribution of Liability for Medical Damages and Entity of Responsibility] Where a patient suffers damage in the course of diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall bear the liability for compensation.

  5. Anonymous users2024-02-06

    Summary. If the doctor has obvious misdiagnosis, then the doctor is at fault, and the medical expenses incurred by the clinic should be borne by the medical institution.

    If the doctor has obvious misdiagnosis, then the doctor is at fault, and the medical expenses caused by the misdiagnosis should be borne by the medical institution.

    Legal basis: Article 218 of the Civil Code of the People's Republic of China [Principle of Attribution of Responsibility for Medical Damage and Bearing of Responsibility for Quarreling Subject] If a patient in Hengqiao is damaged in the course of diagnosis and treatment activities, and the medical institution or its medical staff is at fault, the medical institution shall bear it.

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