Comparison of Medical Malpractice and Medical Error 30

A medical error is a failure to cause physical injury and pain to the patient.

Medical malpractice is the result of a patient's bodily injury or even death due to an error made by a medical professional.

Legal analysis: The crime of medical malpractice, according to the provisions of the Criminal Law, refers to the behavior of medical personnel who cause the death of a patient or seriously damage the health of a patient due to serious irresponsibility.

Medical error refers to the conduct of medical personnel who violate rules and regulations, diagnosis and treatment routines, or technical negligence in the work of searching and nursing during diagnosis, but do not cause adverse consequences such as death, disability, or dysfunction caused by tissue and organ damage to the patient. From the cause of the occurrence, it can be divided into medical liability error and medical technology error. Among them, Huilu medical liability error and medical malpractice crime are easily confused, both of which are manifested as irresponsible behaviors of medical personnel in diagnosis and nursing work, violation of rules and regulations or routine diagnosis and treatment.

Legal basis: Article 335 of the Criminal Law of the People's Republic of China: Where medical personnel cause the death of a patient or seriously harm the patient's physical health due to serious irresponsibility, they are to be sentenced to up to three years imprisonment or short-term detention.

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. Medical error refers to a medical dispute in which the medical staff is indeed negligent in the process of diagnosis and treatment, but the medical staff has not caused serious consequences or no consequences to the patient after timely correction.

The characteristics of medical error and medical malpractice are essentially the same, and the only difference between the two is the difference in the degree of damage consequences. The current Regulations on the Handling of Medical Malpractice have failed, expanding the connotation of medical malpractice and removing the criterion that there must be serious consequences for medical malpractice. What was previously referred to as medical error has been incorporated into the current medical malpractice.

Damages for medical malpractice are not subject to the premise that the patient has suffered serious damages. That is to say, as long as there is a medical error in the hospital's ** process, even if it does not cause serious consequences, it can claim compensation.

1. What are the criteria for determining liability for medical malpractice?

To determine medical malpractice, the following four conditions must be met at the same time:

1. The main imitation belt in the event of a medical accident is a medical institution and its medical personnel;

2. The illegality of Beiwang's behavior;

3. Negligence causing personal injury to the patient;

4. There is a causal relationship between the negligent act and the consequences.

According to Article 2 of the "Regulations on the Handling of Medical Accidents", the term "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 of diagnosis and treatment and nursing in the course of medical activities. The above is the answer to this question.

Article 49 of the Regulations on the Handling of Medical Accidents stipulates that the following factors shall be considered to determine the specific amount of compensation for medical accident compensation:

1) The level of medical malpractice;

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

3) The relationship between the harmful consequences of medical malpractice and the patient's pre-existing medical condition. If it is not a medical accident, the medical institution shall not be liable for compensation.