Legal analysis: medical institutions are not always held civil liability for violation of the referral obligation, should be considered whether the medical institutions have fulfilled the obligation to explain, whether to obtain the consent of the patient and his family and sign, whether the patient's condition has the conditions for referral and other circumstances and factors. If the patient's condition with referral conditions, the medical institutions to obtain the consent of the patient and his family and sign and do their duty to explain the medical institutions in violation of the referral obligation, should bear the corresponding civil liability, the size of the civil liability according to the damage caused by the cause of the consequences of the size of the force to determine.
Legal basis: "Regulations on the Administration of Medical Institutions"
Article 31 of the medical institutions shall immediately rescue critically ill patients. Limited to equipment or technical conditions can not diagnosis and treatment of patients, shall be promptly referred.
Article 33 of the medical institutions to perform surgery, special tests or special treatment, must obtain the consent of the patient, and shall obtain the consent of his family or relatives and sign; can not obtain the views of the patient, shall obtain the consent of the family or relatives and sign; can not obtain the views of the patient and the presence of no family members or relatives, or other special circumstances, the attending physician shall propose a medical treatment program, in the presence of the medical institution responsible for the patient's medical treatment. Disposal plan, after obtaining the approval of the head of the medical institution or authorized personnel in charge of the implementation.
Article 1218 of the Chinese People's Code
If a patient suffers damage in the course of medical treatment, and the medical institution or its medical personnel are at fault, the medical institution shall bear the responsibility for compensation.
Article 1219 Medical personnel shall explain to the patient the condition of the patient and the medical measures to be taken in the course of medical treatment. Need to implement surgery, special examination, special treatment, medical personnel shall promptly specify to the patient medical risks, alternative medical programs and other circumstances, and obtain their explicit consent; can not or is not appropriate to explain to the patient, should be explained to the patient's close relatives, and obtain their explicit consent. Medical personnel failed to fulfill the obligations of the preceding paragraph, causing damage to the patient, the medical institution shall bear the liability.
Article 1224: If a patient suffers damage in the course of diagnosis and treatment and one of the following circumstances exists, the medical institution shall not bear the responsibility for compensation:
(1) the patient or his or her next of kin does not cooperate with the medical institution to carry out the diagnosis and treatment in conformity with the diagnosis and treatment standard;
(2) the medical personnel have done their reasonable diagnosis and treatment obligation under the emergency situation of the patient who has a dying condition;
(2) the medical personnel have done their reasonable diagnosis and treatment obligation under the emergency situation of the patient with a dying condition;
(3) the medical staff has failed to do their duty to the patient and obtained their explicit consent. p>
(c) limited to the prevailing level of medical treatment is difficult to diagnose and treat.
The first paragraph of the preceding circumstances, the medical institution or its medical staff are also at fault, shall bear the corresponding liability.
Note: The Civil Code will come into effect on January 1, 2021, and the law will be amended in accordance with the provisions of the Civil Code.