Medical disputes and medical malpractice in the difference between where the

1, medical malpractice refers to medical institutions and their medical staff in medical activities, violation of health care management laws, administrative regulations, departmental regulations and diagnosis and treatment norms, routines, negligence caused by the patient's personal injury accident. Determine whether the medical malpractice is currently required to identify the medical malpractice appraisal committee to determine.

2, 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) party in the provision of medical services or the performance of legal and contractual obligations of the existence of negligence, resulting in the consequences of the actual damages, should bear the responsibility for breach of contract or tort liability, but the two (or more than one) parties to the disputed facts, but the two (or more than one) parties to the disputed facts of the actual damages. ) parties have different understanding of the disputed facts, dispute with each other and disagree on the situation.

3, medical malpractice must have four conditions:

The provision of medical services must be legal medical institutions and their medical personnel;

To be illegal, negligent behavior;

There must be serious and obvious adverse consequences;

There must be a causal relationship between the illegal behavior and the adverse consequences.

4, medical malpractice appraisal procedures: medical malpractice technical appraisal of the first appraisal and re-appraisal. The first appraisal is organized by the medical association of each district and county, and the re-appraisal is organized by the medical association. Medical malpractice technical appraisal is limited by the statute of limitations, the affected party knows or should know that the date of damage to physical health within 1 year, you can apply for medical malpractice disputes.

5, medical malpractice disputes appraisal of the initiation of the process, there are three ways, including: doctors and patients *** with the commissioning of the appraisal, the health administrative department of the organization of the appraisal and the court appointed appraisal.