The occurrence of medical malpractice, the medical institution shall, in accordance with the provisions of the report to the local health administrative department.
The occurrence of the following major medical negligence, medical institutions should be reported to the local health administrative department within 12 hours:
1, leading to the death of the patient or may be the second level of medical malpractice.
2, leading to the consequences of personal injury to more than three people.
3, the State Council administrative department of health and the people's governments of provinces, autonomous regions and municipalities directly under the Central People's Government of the health administrative department of other circumstances.
Medical malpractice appraisal of the required information:
1, hospitalized patient's medical records, death case discussion records, difficult case discussion records, consulting opinions, higher physicians checking records and other original medical records.
2, inpatient hospital records, temperature, medical orders, laboratory (test report), medical imaging data, special examination consent, surgical consent, surgical and anesthesia records, pathological data, nursing records and other original medical records.
3. Rescue of emergency patients, the original medical records within the prescribed time to make up the record information.
4, sealed and retained infusion, injection items and blood, drugs and other physical objects, or the test qualification according to law, the inspection agency on these items, physical test report.
5. Other materials related to the technical appraisal of medical accidents.
Expanded
Determination of compensation
Medical malpractice appraisal results, such as medical malpractice, the affected party can be determined in accordance with the "Regulations on the Handling of Medical Accidents" to determine the amount of compensation, but to take into account the doctor's diagnostic and therapeutic behavior and how much of a causal relationship exists between the patient's consequences of the damage, to determine the However, it is necessary to consider how much causal relationship exists between the doctor's treatment behavior and the patient's damages to determine the responsibility of the doctor. Such as a patient was diagnosed with terminal cancer, death is an inevitable fact, although the medical treatment errors accelerated the patient's death, but such as requiring the medical profession on the patient's death of full liability is unreasonable, the court will not support.
So the patient should realistically analyze the degree of fault to determine the amount of compensation, to avoid blind claims, resulting in their own excessive litigation costs. In more often than not, the medical appraisal conclusion is to determine that the medical practitioner does not constitute medical malpractice, in this case the patient should be how to claim? The patient can flexibly apply the General Principles of Civil Law, the Protection of Consumer Rights and Interests Law and other relevant principles, to prove that the doctor's diagnosis and treatment behavior is defective and caused personal injury to the patient's consequences, to personal injury as the reason for filing a claim.
Baidu Encyclopedia-Medical Malpractice Regulations