What is it like to experience medical malpractice as a patient?

Even though I'm a patient, I think I'll see if I can help at that point.

I am now facing medical malpractice, and I have chosen to go through the judicial process without trouble. Big mistake and regret it for the rest of your life. 1. My lawyer went to the city to do a medical evaluation because the judge did not know how to do medicine.

2. The city did not even review the materials before the appraisal, and the appraisal results had no scientific basis. 3. The lawsuit was not cross-examined, the trial transcript was illegally fabricated, and the signature was illegally forged. 4. The province returned the evidence for cross-examination, and the materials were not handed over after the cross-examination, and the province terminated the appraisal.

2017, 7, 3**, 2018, April 4, cross-examination.

Even though I was a patient, I felt like I had to see if there was anything I could do to help.

I can understand the doctor, but what can I do, I'm like this. I deserve to be compensated.

Well, I must fight a lawsuit and take legal means to protect my legitimate rights and interests.

That's no way, it's best to be yourself, and you must learn to be calm, don't complain, and accept it calmly.

I feel that my boyfriend is super good, and every one of my ** can make beautiful special effects, and then I can show it off.

I was panicked and didn't know what to do, and although medical malpractice was a normal thing, I was still scared.

I had a very angry feeling in my heart that I would never want to come to this hospital again, and I felt that I was very unlucky.

I was more panicked, especially a doctor like me who didn't have a lot of clinical experience.

The main ways to deal with medical malpractice are as follows. First of all, you can negotiate with the medical institution and make an agreement. If the negotiation fails, an application for mediation may be submitted to the health administrative department where the medical institution is located, and the health administrative department may conduct mediation for medical accident compensation.

If the parties are unwilling to negotiate or the negotiation fails, they may directly file a civil lawsuit with the people's court with jurisdiction without mediation by the administrative department of health. Where the parties negotiate to resolve civil liability disputes such as compensation for medical malpractice, an agreement shall be drafted.

[Legal basis].

Regulations on the Handling of Medical Accidents》 Article 43 Where a dispute over a medical accident is resolved by the parties through negotiation, the medical institution shall make a written report to the local health administrative department within 7 days from the date of settlement through negotiation, and attach an agreement.

The treatment of patients in the event of a medical accident depends on the specific situation. First of all, you can apply to the medical association to organize an appraisal of whether there is medical malpractice, and if there is no medical malpractice, you can apply for an appraisal of whether there is medical negligence. If there is medical malpractice or medical negligence, negotiate with the hospital first, and if an agreement is reached, it can be handled according to the agreement.

If no agreement can be reached, the competent health department may organize mediation. If no consensus can be reached, a lawsuit may be filed with the court.

[Legal basis].

Regulations on the Handling of Medical Accidents》 Article 46 Civil liability disputes such as compensation for medical accidents may be resolved through negotiation between the two parties; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.

Legal Analysis: There are five ways to deal with a patient's medical malpractice. They are:

1. Seal the jujube as soon as possible and copy the medical records. Medical records are written and kept by medical institutions. If the medical records are not sealed and copied as soon as possible after a medical accident occurs, they may be altered, concealed, or falsified by the hospital; 2. Pay attention to the collection of other evidence; 3. Timely seal and inspect doubtful infusions, blood transfusions, injections, and drugs; 4. Do not refuse the hospital's recommendation for an autopsy; 5. Professional lawyers intervene in a timely manner.

Legal basis: "Civil Litigation Law of the People's Republic of China".

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Article 22 of the Regulations on the Prevention and Handling of Medical Disputes provides that in the event of a medical dispute, both medical personnel and the medical staff may resolve it through the following channels: (1) voluntary negotiation between the two parties, (2) application for people's mediation, (3) application for administrative mediation, (4) filing a lawsuit with the people's court, and (5) other channels prescribed by laws and regulations. Article 23: In the event of a medical dispute, the medical institution shall notify the patient and his close relatives of the following matters: (1) the legal way to resolve the medical dispute, (2) the provisions on the sealing and sealing of medical records and on-site physical objects, and (3) the provisions on the inspection and copying of medical records.

In the event of the death of the patient, the provisions for the autopsy of nearby relatives shall be notified.

Article 47 of the Regulations on the Handling of Medical Accidents provides that if the parties to the two good brothers negotiate to settle civil liability disputes such as compensation for medical accidents, an agreement shall be drafted. The agreement shall clearly state the circumstances of the collision between the parties and the cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, etc., and the agreement shall be signed by both parties.

The key to solving the problem lies in the technical appraisal of medical accidents, which are first identified by the district and county medical associations in the jurisdiction of the hospital. If the parties are not satisfied with the conclusion of the first appraisal, they may submit an application for re-appraisal, and the Municipal Medical Association is responsible for organizing the appraisal; If you are still not satisfied with the conclusion of the re-appraisal, you can file a lawsuit with the court, and the court will make a final ruling.

The second step is to give a medical malpractice appraisal report by the medical association. The report usually consists of three levels, first, whether it is medical malpractice. 2. What are the levels of medical malpractice? 3. What kind of responsibility does the medical personnel have to deal with the type of responsibility?

Legal analysis: If a medical accident occurs in a medical institution, the health administrative department shall give a warning according to the level and circumstances of the medical accident; where the circumstances are serious, it is to be ordered to suspend business for rectification within a set period of time until the original licensing department revokes the practice license.

Legal basis: Article 55 of the Regulations on the Handling of Medical Accidents If a medical accident occurs in a medical institution, the administrative department of health shall give a warning according to the level and circumstances of the medical accident; where the circumstances are serious and noisy, it shall be ordered to suspend business for rectification within a set period of time until the original licensing department revokes the practice license, and the responsible medical personnel shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of medical malpractice; where it is not sufficient for criminal punishment, an administrative sanction or disciplinary sanction shall be given in accordance with law.

In addition to punishment in accordance with the preceding paragraph, the administrative department of health may also order the suspension of the practice activities of the relevant medical personnel who have been starved for more than 6 months and not more than 1 year for the relevant medical personnel who have been informed of the occurrence of medical accidents; where the circumstances are serious, their practice certificates are revoked.

Legal analysis: In the event of a civil liability dispute such as compensation for medical malpractice, the doctor and the patient can settle through negotiation, that is, settlement, if they are unwilling to negotiate or the negotiation fails, the parties can apply for mediation to the health and government department, or they can file a civil lawsuit with the people's court. It can be seen that in China, there are three ways to resolve medical disputes, namely reconciliation, mediation and litigation.

Legal basis: Article 11 of the Measures for the Handling of Medical Accidents When there is a dispute between the patient and his family and the medical unit regarding the confirmation and handling of the medical accident or incident, it may be submitted to the local medical accident technical appraisal committee for appraisal and handled by the health administrative department;