(1) the condition requires drugs without contraindications, the dose is normal, the treatment process still occurs side effects;
(2) in the course of the surgery, due to anatomical deformities, tumor infiltration, severe adhesion, and damage to the surrounding tissues or cause bleeding of the organs and other avoidable complications;
(iii) Drug allergic reaction caused by normal results of drug allergic reaction test or drugs for which drug allergy test has not been stipulated by the administrative department of health;
(iv) Accidental circumstances occurring during the preparations and according to the operation procedures for puncture of the liver, kidneys, ventricles of the brain, ventricles, pericardium, etc., and special imaging and cardiac catheterization;
(v) Application of new (E) the application of new technologies, new therapies, new drugs, before the patient's family to explain the situation, to obtain the signature of the family to agree and make adequate technical preparations, but still accidents;
(F) difficult and rare cases, although the consultation but limited to the level of medical care and equipment conditions are difficult to diagnose and treat the embolism, allergies, cardiac arrest, spontaneous rupture of internal blood vessels, as well as sudden death;
(G) due to other force majeure factors resulting in adverse consequences. Other force majeure factors that cause adverse consequences. Article 5 medical personnel in the diagnosis and treatment work, violation of rules and regulations, diagnosis and treatment routines, one of the following circumstances, directly resulting in the patient's death, disability, or tissue and organ damage resulting in dysfunction, for medical liability accidents:
(a) refusal to diagnose and treat patients with acute and critical conditions, or irresponsible transfer to hospitals and transfer to the department, resulting in the delay and loss of time for resuscitation;
(b) unauthorized absence from duty, the time for resuscitation and treatment. (c) the treatment of the doctor who is incapable of treatment but does not report to a superior doctor, or does not carry out the instructions of a superior doctor, as well as accepting the report of the superior doctor does not deal with in a timely manner;
(d) the surgery is not carefully prepared, the surgery is not carried out in accordance with the operating procedures, so as to accidentally injure the vital organs, and the involvement of dysfunction or the opening of the wrong surgical site, or to put the gauze, instruments and other foreign objects left in the body;
(e) unauthorized to perform new technologies;
(f) in the diagnosis and treatment of indiscriminate prescriptions;
(g) in nursing or midwifery, the handover is not clear, checking the wrong, or do not comply with the doctor's instructions;
(h) anesthesia in the wrong anesthesia mode, site, the wrong anesthesia, or do not carefully observe the change of;
(i) in the anesthesia of the wrong anesthesia method, site, the wrong anesthesia, or not carefully observe the change of;
(ii) in the anesthesia of the wrong anesthesia mode and site, or not carefully observed the change of p>
(ix) violation of drug contraindications or drug allergy test and other provisions of the medication;
(x) pharmacy work, dispensing the wrong drugs, wrong drugs, write the wrong usage, mislabeling, non-application of obvious labels of highly toxic drugs, the wrong content of the preparation;
(xi) failure to carry out the system of disinfection and isolation and aseptic procedures, and supply of instruments, dressings, medicines do not meet the requirements for sterilization;
(ix) failure to implement the disinfection of isolation and aseptic procedures, supply of equipment, dressing, drugs do not meet the disinfection requirements
(xii) medical and technical departments in a variety of examination and treatment work irresponsible, errors occur, affecting timely diagnosis and treatment;
(xiii) hospital leaders, administrative, logistical and other relevant personnel, within the scope of their duties, do not actively lead, organize, and cooperate with the work of medical care;
(xiv) other dereliction of duty. Article 6 medical personnel in the diagnosis and treatment and nursing work, due to technical negligence directly caused by the patient's death, disability, tissue and organ damage resulting in dysfunction, for medical technology accidents. Article 7 A medical malpractice caused by both liability and technical reasons shall determine the nature of the malpractice according to the main cause of the malpractice. Article 8 Medical accidents are categorized into three grades, and the medical appraisal standards for the grades are implemented according to the regulations of the Ministry of Health. Article IX in the event of medical accidents or incidents, in accordance with the "Measures," the procedures set forth in Chapter III of the investigation, handling.
Enterprises and industry systems of medical units in the event of medical accidents or incidents, should be reported to its competent departments. Article 10 the medical unit or health administrative department of medical accidents or incidents after investigation and treatment, shall form a written opinion, to the medical staff involved, the patient or the patient's family, the patient's unit of 1 copy each. Article XI of medical malpractice, the medical unit must fill out the "medical malpractice report" to the next level of health administration. Prefecture, state, city health administrative departments must be summarized at the end of each year, "medical malpractice statistics statement", reported to the provincial health administrative departments. Article XII province, prefecture (autonomous prefectures, cities), counties (cities, municipal districts) were set up a technical appraisal committee for medical accidents (hereinafter referred to as the appraisal committee). Appraisal Committee's duties are:
(a) accept the health administrative departments, medical units, patients or agents of the medical malpractice of technical appraisal of the commission or application;
(b) collect, grasp the relevant information and evidence of medical malpractice;
(c) the medical malpractice of the technical appraisal of conclusions. Article XIII of the medical unit, medical staff patients or their families on the recognition and treatment of medical accidents or incidents have disputes, may apply to the Appraisal Committee for appraisal.
The patient or his family to apply for appraisal, should fill out the application form, provide the medical unit's conclusions or technical appraisal, autopsy materials;
Medical units, medical personnel to apply for appraisal, should provide the investigation report or the local appraisal committee appraisal materials, medical records and medical records, autopsy reports.