Medical malpractice consultation, in place to give you 500 points, professionals please come in, tha

1. The hospital advertised that "using this instrument, urine stones can be improved through surgery." The mother repeatedly asked if she could use this method**, and each time she received affirmation and encouragement from the doctors at the hospital. ”

If there is evidence to prove the above facts, the hospital and the doctor are fraudulent and induced to consume, and the result is not as advertised, so they can claim compensation for breach of contract.

2. If infringement is claimed, it is difficult to prove that the hospital's ** behavior is at fault. Unless it is true that the patient's health has deteriorated significantly and the symptoms are significantly severe, conclusions can be drawn by identification.

Therefore, it is recommended to claim compensation on the grounds of breach of contract, hire a lawyer to sue, and at the same time complain to the health department, and try to negotiate with the hospital to solve it.

According to the relevant laws and regulations of China, medical disputes can be divided into two categories: one is medical compensation dispute cases caused by medical malpractice torts; The other category is medical compensation disputes arising from non-medical malpractice torts or other reasons other than medical malpractice. According to you, it belongs to the second category.

There are three ways to resolve medical disputes.

First, the doctor and the patient negotiate and settle the solution, provided that both the doctor and the patient have the intention to solve the problem after reaching an agreement through consultation.

The second is to ask the health administrative department to mediate, provided that both the doctor and the patient have the intention to negotiate and settle.

The third is the judicial approach, in which both the doctor and the patient can file a lawsuit with the people's court where the medical institution where the medical incident occurred.

In a medical dispute, there is a contractual relationship between the parties (the patient and the medical institution), in this case, if the patient believes that the medical act has caused damage to him, he can claim contractual liability from the medical institution, or he can claim the liability of creditor's rights, that is, there is a competition between breach of contract and tort, and the victim is allowed to choose a claim that is beneficial to him.

Finally, say hello to the fellows in Anqing! Good luck to your mother soon**!

If you want the hospital to be held responsible, you must prove that the hospital's ** behavior is at fault, and to prove that the hospital is at fault, you can apply to the court for medical malpractice appraisal or medical fault appraisal, if the appraisal conclusion proves that the hospital has a problem, the hospital should compensate, otherwise the hospital will not compensate. If you are suing, it is advisable to hire a lawyer.

Legal analysis: The methods for dealing with medical disputes are: 1. The doctor and the patient can reach a settlement through negotiation.

The two parties shall reach a settlement agreement on the basis of full negotiation on the basis of the principle of equality and voluntariness, and the parties shall negotiate to resolve civil liability disputes such as compensation for medical malpractice, and determine the amount of compensation through negotiation; 2. Resolve through mediation. You can report to the health administrative department and apply for 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.

If, after mediation, the two parties reach an agreement on the amount of compensation, a mediation document shall be drafted, and both parties shall perform it; 3. It can be resolved by litigation. In the case of resolving disputes through litigation, the parties shall conduct a medical malpractice appraisal or medical fault appraisal in advance, and collect relevant evidence, such as whether the hospital is at fault for the medical act.

Legal basis: Article 37 of the Regulations on the Handling of Medical Accidents In the event of a medical accident dispute, if the party applies to the administrative department of health for handling, it shall submit a written application. The application shall clearly state the applicant's basic information, relevant facts, specific requests and reasons, etc.

Within one year from the date on which the parties know or should know that their physical health has been harmed, they may submit an application to the health administrative department for the settlement of medical malpractice disputes.

Summary. Hello, glad to answer for you. <>

The medical dispute is being mediated by the Medical Adjustment Commission, and the case has been filed, and there has been no reply for more than two months. If the negotiation fails, you can request mediation, and if mediation is not possible, you can file a lawsuit with the people's court, or resolve the dispute through other channels stipulated by laws and regulations.

What exactly is the problem of pro? Can you describe your problem in detail? Tell the teacher in detail so that the teacher can better help you.

The medical dispute is being mediated by the Medical Adjustment Commission, and the case has been filed, but there has been no reply for more than two months, and the patient now needs surgery.

There is no effect on this.

Compensation or appraisal or something.

Hello, glad to answer for you. <>

The medical dispute is being mediated by the Sakura Leather Committee, and the case has been filed, and there has been no reply for more than two months. If the negotiation fails, you can request mediation, and if mediation is not possible, you can file a lawsuit with the people's court, or resolve the dispute through other channels stipulated by laws and regulations.

Is the knee replacement draft blind, the patient now needs surgery, the prosthesis is removed, does the operation and the medical commission handle the case, or must wait for the mediation to do the surgery?

Kiss, this can be operated on, there is no effect. <>

A medical institution is presumed to be at fault when one of the following circumstances applies.

basisArticle 58 of the Tort Liability Law of the People's Republic of China provides for the presumption of medical fault

If the patient suffers damages, the medical institution is presumed to be at fault due to one of the following circumstances:

1) Violating laws, administrative regulations, rules, and other provisions related to diagnosis and treatment norms;

2) Concealing or refusing to provide medical records related to the dispute;

3) Falsifying, altering, or destroying medical records.

Article 60: Circumstances in which medical establishments are exempted from liabilityIf the patient suffers damages, the medical institution shall not be liable for compensation due to any of the following circumstances:

1) The patient or his close relatives do not cooperate with the medical establishment to conduct diagnosis and treatment that meets the standards of diagnosis and treatment;

2) Medical personnel have fulfilled their obligation to provide reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying;

3) It is difficult to diagnose and treat due to the level of medical care at the time. In the circumstances of item (1) of the preceding paragraph, where medical establishments and their medical personnel are also at fault, they shall bear corresponding liability for compensation.

Hello. I worked as a doctor for eight years before becoming a lawyer, so I am more familiar with the medical side than the scumbag. There are several issues, first of all, incisions, incisions, healing and infection, bleeding, whether or not it is medical malpractice (medical malpractice requires the doctor to be at fault), there should be some liability, which has been amended in the new Tort Liability Law.

The second is food reflux, which is nothing, and the anatomy of the trachea and esophagus are both open in the hypopharynx, so it is certain that it is not regurgitation in the lungs.

The most important thing for you at the moment is to make copies and seal the medical records, and then collect all aspects of evidence to support the reputation, even if it is not medical malpractice, you can claim as a general medical tort.

How can I defend my rights??? What you need to prepare! Thank you very much. A good man has a safe life!

A judicial appraisal can be requested to determine the fault liability of the hospital, lawyer Liu Yuting.

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.

Hello, before I became a lawyer, I worked as a doctor for 8 years, and I have a certain understanding of medical law.

Judging from the situation you described, it must be medical malpractice. You can do the following: first, copy and seal the medical records, and then resolve them through negotiation with the hospital, mediation by a mediation agency, a complaint from the health department, or court proceedings.

As for compensation, it is mainly disability damages, lost work expenses, nursing expenses, medical expenses, etc., among which the main ones are disability damages, if you have functional impairment, it is likely to be signed as a grade 10 disability, and according to Beijing's standards, a grade 10 disability can pay about 60,000 yuan.

According to your statement, it may be a medical matter, and you can request to copy and seal medical records, surgical records, etc. in accordance with the tort law and medical malpractice handling regulations, and then it can be resolved through negotiation with the hospital, mediation by mediation agency, complaint from the health department or court litigation.

The compensation is mainly disability damages, lost work expenses, nursing expenses, medical expenses, etc., among which the main ones are disability damages, if you have functional impairment, it is likely to be signed as a grade 10 disability, thank you!

According to your description, the hospital where you had your first surgery was at fault, and your right hand was disabled due to its medical negligence, so you can claim medical expenses for retreatment, lost work expenses, disability compensation, and other related expenses.

Compensation can be claimed;

Lawyer Bing Zhaoxiang.