Is a broken tooth a medical malpractice or a personal injury?

Updated on society 2024-05-04
7 answers
  1. Anonymous users2024-02-08

    If it is a private clinic, it is a matter of public security, whether it has the qualification to practice medicine, whether the license is complete, and this is a matter of industrial and commercial taxation. The situation is quite complicated, if you can be hungry, explain the situation clearly before making a judgment. Asking for civil compensation is a certainty.

  2. Anonymous users2024-02-07

    What a regular hospital does should be medical malpractice.

    Let's analyze the specific situation on a case-by-case basis.

  3. Anonymous users2024-02-06

    Legal basis: "Regulations of the People's Republic of China on the Handling of Medical Accidents" Article 3 Medical accidents refer to accidents in which medical institutions and their medical personnel violate medical and health management laws, administrative regulations, departmental rules, and medical and nursing norms and routines in medical activities, and negligently cause personal injury to patients.

  4. Anonymous users2024-02-05

    In terms of dental care, it is the responsibility of the physician and it is a medical malpractice.

    Legal basis: Regulations of the People's Republic of China on the Handling of Medical Accidents Article 3 Medical accidents refer to accidents in which medical institutions and their medical personnel negligently cause personal injury to patients in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines of diagnosis and treatment and nursing in the course of medical activities. State cheats.

  5. Anonymous users2024-02-04

    Legal basis: Regulations of the People's Republic of China on the Handling of Medical Accidents Article 3 Medical Rehabilitation Accidents refer to the fact that medical institutions and their medical personnel violate medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment and nursing norms and routines in medical activities, and negligently cause personal injury to patients.

  6. Anonymous users2024-02-03

    Dental malpractice claims need to consider the following factors:

    1. Medical malpractice grade;

    2. The degree of responsibility of medical negligence in the harmful consequences of medical malpractice;

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

    [Legal Basis for Disturbance].Article 1218 of the Civil Code.

    Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical personnel are at fault, the medical establishment shall be liable for compensation.

    Article 1222 ruin.

    In any of the following circumstances, the medical institution is presumed to be at fault

    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) Loss, falsification, alteration, or illegal destruction of medical records.

  7. Anonymous users2024-02-02

    Compensation for dental medical malpractice: The compensation obligor (medical institution) shall pay the medical expenses of the medical voucher to the compensation right holder in accordance with the agreement between the two parties or the provisions of the law, the fixed income reduced by the person due to lost work, and the hospital meal expenses (calculated according to the business trip meal subsidy standard of the general staff of the state organ where the medical incident occurred) and other expenses.

    [Legal basis].

    Article 50 of the Regulations on the Handling of Medical Accidents.

    Medical malpractice compensation is calculated according to 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 shall 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; If there is no fixed income, it shall be calculated according to the average annual wage of the employee in the previous year in the place where 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.

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