Legal basis: Civil Code of People's Republic of China (PRC).
Article 128 If a patient suffers damage in medical activities and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation.
Article 1219 Medical personnel shall explain the patient's condition and medical measures in their medical treatment activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.
Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) * * * Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.