What is the difference between medical disputes and medical malpractice?
The differences and similarities between medical disputes and medical malpractice \x0d\1, medical disputes and medical malpractice are different in concept and nature. \x0d\1, medical disputes and medical malpractice concept is different: medical disputes refers to the occurrence of health care, preventive health care, and other legal qualifications of medical enterprises and institutions in legal persons or institutions, one party believes that the other party in the provision of medical services or the performance of their obligations in the presence of negligence, resulting in the consequences of the actual damages should be held accountable, but the two sides (or more) parties to the disputed facts of the understanding of the different, arguing with each other, The situation in which the two (or more) parties have different understanding of the disputed facts, dispute each other, and disagree on their own. Definition to meet the four elements: ① specific in the field of medical services; ② the parties are legal civil subjects; ③ the fact that the dispute is negligent behavior; ④ fault liability is pending. This concept covers all cases of negligence and no-fault, reflecting the extension and connotation of the concept of medical disputes, and excluding other disputes occurring in the medical industry, such as engineering and construction contract disputes, disputes over the purchase and sale of medical equipment and medicines, personnel arbitration, labor disputes and so on. Medical disputes are usually caused by medical fault and negligence. Medical negligence is the error of medical personnel in the process of diagnosis and care. Medical fault is the fault of medical personnel in medical activities such as diagnosis and care. These faults often lead to patient dissatisfaction or cause harm to the patient, thus causing medical disputes. In addition to medical disputes due to medical faults and negligence, sometimes disputes can arise when the medical practitioner has not made any negligence or mistake in the medical activities, but only due to the patient's unilateral dissatisfaction. Such disputes can be caused by the patient's lack of basic medical knowledge, lack of understanding of proper medical treatment, natural regression of diseases and unavoidable complications, and accidents in medical treatment, as well as by the patient's unjustified blaming. It is also referred to as a medical tort dispute, i.e., a dispute between the provider and the recipient of medical services as to whether a medical act and its consequences are tortious and tortious liability. The reason for the current increase in medical disputes is that people's awareness of self-protection has been greatly enhanced, and patients and their families pay attention to safeguarding their own interests. Hospitals and medical personnel are not yet able to recognize this correctly, thus being in a passive situation. And a considerable number of us do not have a clear understanding of this. \x0d\2. The quality of service is not high and the service attitude is not good. Medical personnel in the medical service can not respect and equal treatment of patients, and prone to disputes. \x0d\3.Society has a misunderstanding of medical work, many normal things in medicine, but caused disputes \x0d\\3.Medical malpractice refers to the medical unit has the qualification of health technicians in the process of diagnosis and treatment, due to the negligence of the patient caused by the consequences of personal injury. Medical malpractice elements (1) the main body of medical malpractice is a legitimate medical institutions and their medical staff; (2) medical institutions and their medical staff violated the laws and regulations of medical and health care management; (3) medical malpractice of the direct actor in the diagnosis and treatment of care in the presence of subjective negligence; (4) the patient there are consequences of personal injury; (5) medical behavior and the consequences of damage between the causal relationship. Medical malpractice appraisal is firstly the initiation of medical malpractice technical appraisal, the Regulations stipulate that, after the health administrative department receives the report of the medical institution on major medical negligence or the declaration of the parties to the medical malpractice dispute requesting to deal with the medical malpractice dispute, the need for medical malpractice technical appraisal shall be handed over to the organization in charge of the medical association for appraisal; if the doctor and the patient negotiate to solve the dispute on medical malpractice and need to carry out medical malpractice If technical appraisal is required for the settlement of a medical malpractice dispute between a doctor and a patient, the appraisal shall be entrusted to the medical association in charge by both parties***. 6 cases are not medical malpractice. For example, in an emergency to save the lives of critically ill patients and take emergency medical measures caused by adverse consequences; in medical activities due to the patient's condition is abnormal or the patient's physical characteristics of special medical accidents; in the existing conditions of medical science, the occurrence of unforeseen or can not be prevented by the adverse consequences of the transfusion of blood infection caused by the adverse consequences of no fault; due to the patient's reasons for delayed diagnosis and treatment led to adverse consequences; due to the force majeure caused adverse consequences. force majeure resulting in adverse consequences. Medical malpractice regulations: does not belong to the medical incident, the hospital does not bear the responsibility for compensation, this is only in the administrative processing of the scope, if the fault of the medical institution caused damage to the affected party, according to the general principles of civil law and relevant laws and regulations, still have to bear the responsibility for compensation, that is to say, even if it is not a medical incident, if the hospital infringement caused by the patient's damage, but still have to bear the responsibility for compensation.