What are the main types of negligence on the patient's side in medical malpractice compensation?
Diagnostic negligence, i.e. misdiagnosis and wrong diagnosis. Correct treatment depends on the correct diagnosis, misdiagnosis is bound to occur wrong treatment, light delay in the treatment of the patient's timing, or cause death or disability. In medical dispute cases, combined with forensic identification and autopsy results confirm that clinical diagnosis of misdiagnosis is not uncommon, but misdiagnosis is not necessarily medical malpractice. As mentioned above, limited to all aspects of the objective factors, such as the early symptoms of disease is not obvious, special and complex rare diseases are difficult to timely and clear diagnosis; due to the level of medical technology, equipment, conditions, and other limitations may occur misdiagnosis, these can not be generalized as a diagnosis of negligence. Anatomy and pathological examination of the corpse proved that the correct rate of clinical diagnosis can reach seven percent, can be considered a skillful physician. Patients often think that diagnostic error is medical negligence, this understanding is a bit biased. Of course, in a variety of objective conditions have the situation of misdiagnosis, there is no doubt that the diagnosis should be fault. The patient's symptoms, signs and biochemical, physical instrumentation to view the results of the performance of the doctor's observation, research and comprehensive analysis to make a diagnosis of the original data. If the information is incomplete, or understanding, one-sided analysis, or too much faith in the results of laboratory tests and instrumentation (such as the emergence of false-positive or false-negative), while ignoring the analysis of the overall condition, the diagnosis will be incorrect. Misdiagnosis can lead to wrong treatment, and wrong treatment can lead to adverse consequences or death of the patient. This series of situations can be called misdiagnosis. What standards to measure clinical misdiagnosis authors believe that in forensic identification, the diagnostic results of autopsy pathology should be compared with clinical diagnosis. However, pathological diagnosis and clinical diagnosis are two different disciplines, although there is its consistency, sometimes not completely consistent. The inconsistency, the academic can explore its causes, in order to enrich the recognition of the disease training. But in the pursuit of responsibility, but can not be controversial part of the identification of the basis for conclusions. Because, pathological tests, including tissue section microscopic examination of the results, is the result of visual inspection; and clinical diagnosis is based on the collection of medical history, physical examination, laboratory tests, physical instrumentation, observation of the course of the disease, the response to treatment and prognosis of observation, is a series of information indirectly summarized in the medical theory under the guidance of the doctor's personal experience, a comprehensive analysis of the results. Therefore, the correctness of clinical diagnosis depends to a large extent on the academic level and clinical experience of doctors, which is very different from pathological diagnosis in terms of the object, environment, conditions and methods of examination. Misdiagnosis refers to the diagnostic errors caused by the irresponsible work of medical personnel or the failure of professional and technical level to meet the standards that should be achieved. Diagnosis is the premise and foundation of treatment, only diagnosis is correct, can implement targeted and effective treatment measures, otherwise not only can not achieve the therapeutic purpose, and will even cause different degrees of damage to the patient. Misdiagnosis is a kind of medical negligence, the consequences can be light or heavy, light delay in treatment, heavy lead to disability or death of the patient. It is worth noting that the diagnostic error is not necessarily a misdiagnosis, due to a variety of diseases have a complex developmental process, in the typical signs and symptoms have not yet manifested, even the most skillful doctor is difficult to confirm the diagnosis, only after the disease is fully developed, a variety of support for the diagnosis of the performance of the gradual clarification of the establishment of a correct diagnosis at this time can not be said to be the previous unknown diagnosis or diagnosis is a misunderstanding of the misdiagnosis. Misdiagnosis should be considered from two perspectives: first, the doctor is irresponsible in the diagnostic process, such as not taking a careful history and not conducting a comprehensive physical examination. Secondly, the doctor does not study the business, the technical level is low, and he does not recognize the disease that should and can be recognized. 1. Responsible misdiagnosis. Responsible misdiagnosis refers to the misdiagnosis caused by the doctor's sloppiness, carelessness and irresponsibility. In clinical work, each department has its own set of history-taking and examination procedures, the doctor must follow the implementation of the characteristics of each case, seriously complete the diagnosis, otherwise it may cause misdiagnosis. Common responsible misdiagnosis errors are the following: taking a sloppy history, do not ask for a detailed history, do not pay attention to the situation provided by the patient or his family; ignoring other medical units or other information, do not pay attention to accompanying the views of medical personnel; do not seriously analyze the disease; not in the case of difficult problems or consultation, unauthorized and reckless action. 2. Technical misdiagnosis. Technical misdiagnosis is due to the low level of professional and technical level of doctors. Medical disciplines have their own set of scientific laws, doctors at all levels must meet the requirements of the technical level in order to be competent in medical work. Otherwise, even though doctors try their best, the occurrence of misdiagnosis is inevitable. In order to raise the professional and technical level of doctors, the health administration has set up various examination systems and a series of professional education regulations, and in clinical work, it has established rules and regulations for room inspections, consultations, and discussions of illnesses, in an effort to reduce the incidence of technical misdiagnosis. However, individual medical personnel still do not pay attention to improve their own business ability, for certain diseases, based on the professional level that doctors should achieve, based on the clinical manifestations and examination results at the time, if the diagnosis should be confirmed but did not diagnose or misdiagnosis, it is a misdiagnosis.