Medical malpractice refers to an accident in which a medical institution and its medical staff violate medical and health management laws, administrative regulations, departmental rules and diagnostic and nursing norms and routines in medical activities, and negligently cause personal damage to a patient.
What is the most obvious difference between the definition of medical malpractice in the new regulations and the original method?
1. The most obvious difference between the original method and the new regulations on the definition of medical malpractice is that the former stipulates that to constitute medical malpractice must lead to dysfunction, and the latter stipulates that the negligence of the patient's physical damage. The new provisions of the concept of medical malpractice extends significantly wider than the original, where illegal or unauthorized medical acts of negligence caused by the patient's personal injury are medical malpractice. In the past can not be recognized as medical malpractice caused personal injury but did not cause functional impairment of medical damage, can now be defined as medical malpractice.
Regulations: the consequences of the damage does not have to reach a considerable degree, for example, pulling out the wrong tooth is also medical malpractice, the person can ask the hospital for compensation.
2. The subject of the accident is not limited to doctors, the regulations provide: the subject of medical malpractice is a medical institution and its medical staff, for example, in the patient's treatment process, because of problems with medical equipment, resulting in damage to the patient also belongs to the medical malpractice.
How is medical malpractice categorized?
Medical malpractice is divided into four levels according to the degree of damage caused to the patient's person:
First level medical malpractice: causing the patient's death and severe disability;
Second level medical malpractice: causing the patient's moderate disability, organ and tissue damage resulting in severe functional impairment;
Third level medical malpractice: causing the patient's mild disability, organ and tissue damage resulting in general dysfunction;
Level IV medical malpractice: other consequences that cause obvious physical damage to the patient.