Medical disputes need a lawyer?

I. Do you need a lawyer for a medical dispute? Whether or not to hire a lawyer after a medical dispute is entirely your personal freedom, not a lawsuit must hire a lawyer. If you think you can quote the law correctly in court, clearly explain the facts, there is no need to hire a lawyer, on the contrary, it is very necessary. If you think you have a good grasp of the law, it is not impossible to defend your rights on your own. Medical dispute refers to the occurrence of health care, preventive health care, medical cosmetology and other legal qualification of medical enterprises and institutions, one party (or more than one party) that the other party (or more than one party) parties in the provision of medical services or the performance of legal obligations and obligations of the existence of fault, resulting in the actual consequences of the damage, should bear a breach of contract or tort liability, but the two parties (or more than one party) parties to the disputed However, the two (or more) parties have different understanding of the disputed facts, dispute with each other and disagree on the situation. Definition needs to meet the four elements: 1, specific in the field of medical services; 2, the people are legal civil subject; 3, the proceedings are actually negligent behavior; 4, the fault liability in the pending state. This concept covers all cases of negligence and no negligence, reflecting the concept of medical disputes and connotation, excluding other disputes occurring in the medical industry, such as engineering and construction contract disputes, medical equipment and drugs, contract disputes, personnel arbitration, labor disputes and so on. Causes of medical disputes are many, generalized into six categories: 1, diagnosis and treatment of the existence of negligence and damage caused by the results, such as 4 12 medical malpractice and non-medical malpractice of medical negligence; 2, although there is diagnosis and treatment of negligence but did not cause damage to the results, such as surgical injuries to neighboring tissues, but the timely treatment of the healing; 3, does not exist in the diagnosis and treatment of negligence but does have damage to the results, such as anesthesia accidents, surgical complications, adverse reactions, etc.; 4, biological, biological, and medical disputes; 4, biological and medical disputes. Adverse reactions, etc.; 4, biological drugs, instruments and equipment, consumables and dressings and other medical supplies, including suspected product quality liability; 5, the patient's lack of awareness of medical risks, unilateral misunderstanding, such as preterm babies itself is the causative factor of cerebral palsy in newborns; 6, other disputes that have nothing to do with the act of diagnosis and treatment, such as self-inflicted suicides or non-medical acts of the patient's personal property damage. In the above category 1 "diagnosis and treatment behavior is negligent and cause damage", contains according to our current laws and regulations to determine the three causes of action: 1, medical service contract disputes; 2, medical malpractice compensation disputes; 3, general medical damage compensation disputes. Medical service contract refers to all kinds of legal medical institutions and patients or general consumers between equal subjects to medical services or related legal obligations and agreed obligations for the content, agreed to both sides or more parties to establish, change, terminate the civil rights and obligations of the agreement. Disputes arising from the conclusion and fulfillment of medical service contracts are also important forms of medical disputes, as are medical malpractice disputes and medical damage disputes. It should be noted in particular that medical malpractice disputes and general medical damages disputes are in fact the same as personal right infringement disputes, and there is no need to differentiate between the two when analyzing the legal relationship. On September 1, 2002 the implementation of the "medical malpractice regulations" in the definition of "medical malpractice", has been included in the general scope of torts, so that it has the illegal, negligent behavior, the results of the damage as well as the causal relationship between the negligence and the damage of the four basic elements, "regulations," article 2 provides that Article 2 of the Regulations stipulates that "medical malpractice refers to an accident in which a medical institution and its medical personnel, in the course of their medical activities, violate medical and healthcare laws, administrative regulations, departmental rules and diagnostic and nursing norms and routines, and negligently cause personal injury to a patient". From the definition, "medical malpractice" is "medical damage", there is no difference in the legal nature, only the "medical malpractice" assessment and classification of health administration more Practical significance, it directly affects the medical personnel's title, position and income and the comprehensive rating of medical institutions, the civil liability has little effect. According to the principle of civil law, because of the medical disputes arising from the legal relationship of the debt can only have contract debt and tort debt 2 kinds, namely, medical service contract disputes and medical damage compensation disputes, and there is a "competing responsibility" between the two. China's current judicial practice allows the coexistence of three kinds of cases, has shown a negative effect, but to achieve legal unity I'm afraid that there is still time, both on the legislative level, but also on the judicial level. To sum up, there are many people may think that they have experienced the legal infringement of the incident is very simple and do not need to spend a high cost to hire a lawyer for the lawsuit, but in fact, if just a simple case and they can be in the court of law to explain all the causes of the case is indeed also do not need to hire a lawyer, but on the contrary, lawyers are able to provide a great deal of help to its professional.