I want to ask, can this be considered medical malpractice?

Hello, medical malpractice refers to the medical institution and its medical staff in the medical activities, in violation of medical and health management laws, administrative regulations, departmental rules and medical and nursing norms, routines, misdiagnosis and improper measures resulting in different degrees of damage to the patient's intelligence and body, or missing the time of delay in diagnosis and causing damage. Determining whether it is medical malpractice currently requires an appraisal by the Medical Malpractice Appraisal Committee to make a determination. It should be possible to apply for compensation, good luck.

Hello, the information provided is incomplete.

If the first hospital did not include the relevant examination of the biliary system, it is difficult to say that there is a mistake, for example, you took a badge and did an ultrasound of the urinary system;

Furthermore, even if the examination is done and the conclusion of the examination does not clearly indicate any disease, but describes the abnormality and suggests regular check-ups, it is difficult to say that the hospital is responsible.

Gallbladder cancer is highly malignant, and it may only be a hardening of the cyst wall in the early stage, and pathological examination is generally required to diagnose the disease.

Although the symptoms are the same, for a disease with a relatively high degree of malignancy, two months can produce great changes in morphology, and there is no obvious abnormality in ultrasound two months ago, and there may be obvious changes after two months. Best wishes.

Keep all the medical record information of the two hospitals and go directly to the court to sue the hospital, which should have been able to find out the problem two months ago, but the hospital did not find out.

Medical malpractice refers to an accident in which a medical institution and its medical staff negligently cause personal injury to a patient in violation of medical and health management laws, administrative regulations, departmental rules, and norms and routines of diagnosis and treatment in the course of medical activities. It is clearly stipulated that the following five conditions must be met for the determination of medical malpractice:

1. The person responsible for the medical accident must be a health technician at all levels (including personnel engaged in medical management and logistics services) who have passed the assessment and been approved or recognized by the health administrative organ and obtained the corresponding qualifications;

2. The perpetrator of the medical malpractice must be negligent in diagnosis and treatment, including negligence and overconfidence, and must be illegal and harmful; 3. It must take place in the diagnosis and treatment of nursing work (including the logistics and management of this service);

4. The harmful results caused to the patient must meet the requirements of "death, disability, and dysfunction caused by tissue and organ damage", otherwise it cannot be recognized as a medical accident;

5. There must be a direct causal relationship between the harmful behavior and the harmful result.

In the event of a medical dispute, the patient and his or her family have the right to file an appraisal of the medical malpractice or incident within one year after the occurrence of the accident or adverse consequences of the incident. If a patient dies, the family shall submit an evaluation of the medical accident or incident within 15 days of the patient's death or receipt of the autopsy report. The application for an autopsy shall be made within 48 hours of the patient's death and shall be carried out by the pathological and autopsy department designated by the local health bureau.

If both parties to a medical dispute are dissatisfied with the appraisal conclusion of the medical malpractice technical appraisal committee of the district, county or medical university, they may, within 15 days of receiving the appraisal conclusion, apply to the medical malpractice technical appraisal committee of the province, autonomous region or municipality directly under the Central Government for evaluation.

Extended information: Personal injury compensation refers to the legal remedy system in which the law provides relief to the infringed person or his close relatives whose right to life, body, and health rights have been infringed by the tort liability of compensation for losses.

Legal basisCivil Code of the People's Republic of China

Article 1218:(Principle of Attribution of Responsibility for Medical Damages and Entities Bearing Responsibility) Where patients suffer harm in the course of diagnosis and treatment, and the medical establishment or its medical personnel are at fault, the medical establishment is to bear the responsibility for compensation.