-
Anonymous users2024-02-111. State the facts: such as when and which doctor gave what kind of examination or diagnosis.
2. Write clearly which link you think is the problem.
3. The burden of proof in medical malpractice disputes lies with the medical practitioner, and whether the diagnosis certificate and medical records have been modified.
4. Focus on your physical reactions, such as headache and nausea, etc.
-
Anonymous users2024-02-10My arm didn't connect how to write.
-
Anonymous users2024-02-09Legal Analysis: Key Points of Writing a Medical Malpractice Appraisal Statement: 1. Be well-organized; 2. It is necessary to highlight the key points and make a comprehensive statement, not to dwell too much on the details that have no substantial impact on the damage result, but to focus on the medical errors that have a substantial impact on the damage results, and at the same time briefly comment on other medical faults after pointing them out; 3. The content related to medical negligence should be specific and clear, and it should not be just a big hat without specific content, etc.
Legal basis: Regulations on the Handling of Medical Accidents
Article 2: "Medical accidents" as used in these Regulations refers to accidents in which medical establishments 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 for diagnosis and treatment and nursing in the course of medical activities.
Article 3: The handling of medical accidents shall follow the principles of openness, fairness, impartiality, timeliness, and convenience for the people, adhere to a scientific attitude of seeking truth from facts, and ensure that the facts are clear, the characterization is accurate, the responsibilities are clear, and the handling is appropriate.
-
Anonymous users2024-02-08Presenter: Name, Gender, Date of Birth, Ethnicity, Place of Employment, Occupation, Address, Contact**.
Legal representative (person in charge): name, position.
On the date of the year, the presenter went to the hospital (name of the medical institution) for treatment, because (stating the facts and the reasons for believing that medical malpractice was constituted, which can be written in two paragraphs, the first paragraph should state the facts, and the second paragraph should state the reasons. ）
Presenter:
YYYYYYYYYYYYYYYYY
1. Characteristics of medical malpractice technical appraisal.
1) Characteristics of Medical Malpractice Appraisal From the definition of Yibo pants, we can see that medical malpractice technical appraisal has the following characteristics:
1. The purpose of medical malpractice technical appraisal is to provide a technical service for the specialized problems encountered by the health administrative department in dealing with medical malpractice.
2. The selection of appraisal institutions has a high degree of exclusivity. The technical appraisal of medical malpractice can only be completed by the expert group of medical malpractice technical appraisal organized by the medical association, and there is no possibility of choosing other appraisal institutions.
3. The appraisal conclusion shall be issued in the name of the medical association, and the personal responsibility system of the appraiser shall not be implemented.
4. The evidentiary requirements for the appraisal conclusions of medical malpractice technical appraisal are significantly relaxed.
2) In the process of medical malpractice appraisal, licensed physicians should complete the following tasks:
1. Determine the facts, and determine the facts based on the evidence provided by both parties.
2. Identify the correct operating routine, according to the facts, use medical knowledge, and put forward what the correct diagnosis is in each link, that is, what is the operating routine at that time.
3. Compare the correct diagnosis** to confirm whether the hospital is violating the operating routine.
4. Use logical knowledge to analyze and demonstrate whether there is a causal relationship between the violation of operating practices and medical damage.
5. Determine whether it is a medical accident.
2. The process of technical appraisal of medical malpractice.
1. The doctor and the patient reach a consensus to jointly submit an application for appraisal to the Municipal Medical Association, or the patient complains to the medical administrative department and the medical administrative department will transfer it to the Medical Association for appraisal, or the people's court shall entrust the medical socks and silver guess society to appraise according to the application of the parties.
2. The medical association accepts the appraisal commission.
3. The appraisal fee shall be paid by one or both applicants.
4. The Medical Association notifies both parties to submit the statement, the statement of defense and the materials required for the appraisal.
5. Check the list of experts in relevant specialties and select the experts who need to be avoided.
6. For the random number of experts recognized by both parties, the expert appraisal group shall be randomly selected by both doctors and patients and the medical association.
7. Convene an appraisal meeting, in which both the doctor and the patient will make a statement (defense) for 15 minutes in the order of the first patient and then the doctor, ask questions from experts, and withdraw from the court.
8. Expert discussion and issuance of medical conclusion report.
9. If you are not satisfied with the appraisal report, you should file a re-appraisal with the Provincial Medical Appraisal Committee.
-
Anonymous users2024-02-07Legal Analysis: Key Points of Writing a Medical Malpractice Appraisal Statement: 1. Be well-organized; 2. It is necessary to highlight the key points and make a comprehensive statement, not to dwell too much on the details that have no substantial impact on the damage result, but to focus on the medical errors that have a substantial impact on the damage results, and at the same time briefly comment on other medical faults after pointing them out; 3. The content related to medical negligence should be specific and clear, and it should not be just a big hat without specific content, etc.
Legal basis: "Regulations on the Handling of Medical Accidents" Article 31 The expert appraisal team shall, on the basis of clear facts and conclusive evidence, comprehensively analyze the patient's condition and individual differences, make an appraisal conclusion, and draft a technical appraisal of medical malpractice. The appraisal conclusion shall be approved by more than half of the members of the expert appraisal team.
The appraisal process shall be truthfully recorded. The medical malpractice technical appraisal shall include the following main contents: (1) the basic circumstances and requirements of both parties; (2) Materials submitted by the parties and investigation materials of the medical association responsible for organizing the technical appraisal of medical malpractice; (3) An explanation of the appraisal process; (4) Whether the medical conduct violates medical and health management laws, administrative regulations, departmental rules, and norms and routines for diagnosis and treatment; (5) Whether there is a causal relationship between the medical negligence and the consequences of the personal injury; (6) The degree of responsibility for the medical negligence in the harmful consequences of the medical accident; (7) The level of medical malpractice; (8) Medical advice on medical care for patients with medical malpractice.
-
Anonymous users2024-02-06Legal Analysis: Key Points of Writing a Medical Malpractice Appraisal Statement: 1. Be well-organized; 2. It is necessary to highlight the key points and make a comprehensive statement, not to dwell too much on the details that have no substantial impact on the damage result, but to focus on the medical errors that have a substantial impact on the damage results, and at the same time briefly comment on other medical faults after pointing them out; 3. The content related to medical negligence should be specific and clear, and it should not be just a big hat without specific content, etc.
Legal basis: "Regulations on the Handling of Medical Accidents" Article 31 The expert appraisal team shall, on the basis of clear facts and conclusive evidence, comprehensively analyze the patient's condition and individual differences, make an appraisal conclusion, and draft a technical appraisal of medical malpractice. The appraisal conclusion shall be approved by more than half of the members of the expert appraisal team.
The appraisal process shall be truthfully recorded. The medical malpractice technical appraisal shall include the following main contents: (1) the basic circumstances and requirements of both parties; (2) Materials submitted by the parties and investigation materials of the medical association responsible for organizing the technical appraisal of medical malpractice; (3) An explanation of the appraisal process; (4) Whether the medical conduct violates medical and health management laws, administrative regulations, departmental rules, and norms and routines for diagnosis and treatment; (5) Whether there is a causal relationship between the medical negligence and the consequences of the personal injury; (6) The degree of responsibility for the medical negligence in the harmful consequences of the medical accident; (7) The level of medical malpractice; (8) Medical advice on medical care for patients with 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. >>>More
"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 and nursing care in the course of medical activities. According to your statement, it has constituted medical malpractice, you do not need to apply for a medical appraisal, just go directly to the court to sue the epidemic prevention station, and after the court accepts it, it will apply for a medical appraisal in the name of the court according to the circumstances.
Article 50. Medical malpractice compensation is calculated according to the following items and standards: >>>More
In this case, the hospital can be asked for solatium for moral damage in accordance with the Tort Liability Law.
The crime of medical malpractice is the object of the violation, the work order of the medical unit, and the citizen's right to life and health. The target of the crime is a patient whose life, health and safety are being harmed by the disease. Therefore, if the treatment measures cannot objectively control the progression of the disease, it will inevitably cause greater damage to human health due to the development of the disease, until it leads to disability, dysfunction and death.