Medical malpractice cases, medical malpractice handling

It is essential for diabetic patients to test their blood sugar before taking medication, and according to your statement, the hospital may be at fault, and if the court finally determines that the hospital is at fault, it can be compensated by the hospital. In addition, you can file a lawsuit directly with the court, and the court will bear the burden of proof, and if the hospital cannot prove that it is not at fault, then the hospital will bear the corresponding legal responsibility.

The hospital should provide the case as long as you ask for it. If you are really unwilling, find a better lawyer, but it costs some money, it is a little troublesome, all medical problems are troublesome, and it will take several years for a small lawsuit to be fought. Personally, I don't think it's necessary. Condolences.

The hospital may have some problems with blood sugar, but overall the hospital is not a big problem. Some people think that if a patient is brought to the hospital, no matter how serious the illness is, he will be treated well, and it is the responsibility of the hospital and the doctor to treat it badly. Such an idea is understandable from the patient's point of view, but it is really unrealistic.

You can negotiate with the hospital first, and if you are not satisfied, you can consult the local health bureau to report the situation. They will tell you how to do it.

One is to prove that there is a medical relationship with the hospital, which is not difficult, invoices, payment vouchers, witnesses, death certificates, etc. The second is to copy and seal medical records for identification. The third is the liability for compensation, which is calculated according to the appraisal and specific circumstances, and if it is general, it is equivalent to not saying.

It is advisable to consult with a lawyer, as many law firms now offer consulting services.

Types of medical malpractice cases: 1. Whether the dispute arises from medical malpractice; 2. Disputes arising from medical torts and medical breach of contract; 3. Disputes arise over the fact of personal injury. In the event of a medical malpractice dispute, if the parties apply to the administrative department of health for handling, they shall submit a written application.

The application should state the applicant's basic information, relevant facts, specific request and reasons, etc.

Legal Analysis: Medical disputes refer to disputes that occur in medical enterprises, institutions, legal persons or institutions with legal qualifications, such as medical and health care, preventive health care, medical cosmetology, etc., and medical disputes in China are particularly difficult to deal with.

One (or more) parties believe that the other party (or parties) have negligence in providing medical services or performing statutory and contractual obligations, resulting in actual damage consequences, and shall bear liability for breach of contract or tort liability, but the two (or more) parties have different understandings of the disputed facts, dispute with each other, and have their own opinions.

In a broad sense, medical disputes include civil disputes (civil compensation, etc.), administrative disputes (administrative penalties, etc.), and criminal liability (medical malpractice crimes, etc.) between doctors and patients.

Legal basis: Regulations on the Prevention and Handling of Medical Disputes

Article 2: "Medical disputes" as used in these Regulations refers to disputes between doctors and patients arising from diagnosis and treatment activities.

Article 3 The State shall establish a medical quality and safety management system, deepen the reform of the medical and health system, standardize diagnosis and treatment activities, improve medical services, improve the quality of medical care, and prevent and reduce medical disputes.

In diagnosis and treatment activities, doctors and patients should respect each other, and protect their own rights and interests and should abide by the provisions of relevant laws and regulations.

Article 4: The handling of medical disputes shall follow the principles of fairness, impartiality, and timeliness, seek truth from facts, and handle them in accordance with law.

Article 5: The people at the county level or above shall strengthen leadership and coordination over the prevention and handling of medical disputes, include them in the comprehensive management system of social security, establish mechanisms for division of labor and coordination between departments, and urge departments to perform their duties in accordance with law.

Legal Analysis: Medical disputes refer to disputes between medical enterprises or institutions with legal qualifications such as grinding rubber in medical service halls, medical diagnosis, medical care, medical cosmetology, medical record writing, etc., and patients and tourists. At present, medical disputes in China are particularly difficult to deal with.

Legal basis: "Regulations on the Handling of Medical Accidents" Article 3 The handling of medical accidents shall follow the principles of openness, fairness, justice, timeliness, and convenience for the people, adhere to the 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.

Legal analysis: medical dispute handling process: 1. After a medical dispute occurs, first of all, the doctor and the patient can negotiate and mediate, reach an agreement on slippery Yuhe, and the dispute settlement is over; 2. If the two parties fail to reach an agreement through negotiation, either doctor or patient may submit a request to the competent health administrative department for processing; 3. If you are not satisfied with the coordination, you can file a lawsuit with the court, or you can directly sue the court.

Where both doctors and patients choose to resolve a medical dispute through negotiation, they shall negotiate in a special venue and must not affect the normal medical order.

Legal basis: Article 22 of the Regulations on the Prevention and Handling of Medical Disputes: In the event of a medical dispute, both the doctor and the patient may resolve it through the following channels:

1) Voluntary negotiation between the two parties;

2) Applying for people's mediation;

3) Apply for administrative mediation;

4) Initiating litigation in the people's courts;

5) Other channels provided for by laws and regulations.