1, stipulates the infringement of the patient's right to informed consent liability.
Article 56 of the Tort Liability Law stipulates that, in case of emergency situations such as rescuing a patient whose life is in danger, and if it is not possible to obtain the opinion of the patient or his or her close relatives, the corresponding medical measures may be implemented immediately with the approval of the head of the medical institution or its authorized person in charge.
Article 55 of the Tort Liability Law stipulates that medical personnel shall explain to the patient the condition and medical measures in the diagnosis and treatment activities. Need to implement surgery, special examination, special treatment, medical personnel shall promptly explain to the patient medical risks, alternative medical programs and other circumstances, and obtain their written consent.
It is not appropriate to explain to the patient, should be explained to the patient's close relatives, and obtain their written consent. Medical personnel failed to fulfill the obligations of the preceding paragraph, causing damage to the patient, the medical institution shall be liable for compensation.
2, stipulates the medical product liability.
Tort Liability Law, Article 57 provides that: medical personnel in the diagnostic and therapeutic activities in the medical staff did not exhaust the corresponding medical level of diagnosis and treatment obligations, resulting in damage to the patient, the medical institution shall bear the responsibility for compensation.
Article 59 of the Tort Liability Law stipulates that if a patient suffers damage due to defects in medicines, sterilizing agents, or medical devices, or the importation of unqualified blood, the patient may request compensation from the producer or the institution that provided the blood, or from the medical institution. If the patient requests compensation from the medical institution, the medical institution shall have the right to recover the compensation from the responsible producer or blood provider after compensation.
3. Provides for the protection of patients' right to privacy.
Article 62 of the Tort Liability Law stipulates that medical institutions and their medical staff shall keep patients' privacy confidential. Disclosure of the patient's privacy or without the consent of the patient to disclose their medical records, causing damage to the patient, shall bear the tort liability.
4, the provisions of the medical staff shall fulfill the duty of treatment.
Tort Liability Law, Article 57 provides that: medical personnel in the diagnostic and therapeutic activities did not exhaust the corresponding medical level of diagnostic and therapeutic obligations, resulting in damage to the patient, the medical institution shall bear the responsibility for compensation.
5. Provisions on excessive examination.
Article 63 of the Tort Liability Law stipulates that "medical institutions and their medical personnel shall not violate the diagnostic and therapeutic norms to implement unnecessary examinations." This article is about medical institutions and their medical personnel shall not violate the diagnostic and treatment standards to implement unnecessary inspection provisions.
Expanded information:
1, the principle of responsibility for medical damage:
Tort Liability Law, Article 54 provides that: the patient in the diagnostic and therapeutic activities suffer Damage, medical institutions and their medical personnel are at fault, the medical institution to bear the responsibility for compensation.
The provisions of this article shows that, in determining the medical institutions to bear civil liability, and tort liability law, product liability, environmental pollution liability, obviously adopts a different principle of attribution, embodies the principle of fault liability. Medical damage liability applies the principle of fault responsibility, change the trial practice has long adopted the principle of presumption of fault.
In the nature of responsibility, medical damage liability is a kind of alternative liability, by the medical institution for its medical staff to the patient caused by the damage liability.
2, "tort liability law" article 60, the patient has damage, due to one of the following circumstances, the medical institution does not bear the responsibility for compensation:
(a) the patient or his close relatives do not cooperate with the medical institutions in line with the diagnosis and treatment norms of diagnosis and treatment.
(2) medical personnel in the rescue of life-threatening patients and other emergency situations have done a reasonable diagnosis and treatment obligations.
(C) limited to the medical level of the time difficult to diagnose and treat.
The first paragraph of the preceding circumstances, the medical institution and its medical staff are also at fault, shall bear the corresponding liability.
Baidu Encyclopedia - Medical Damage Liability Disputes