(1) although there are diagnosis and treatment errors, but did not cause death, disability, dysfunction;
(2) due to the condition or the patient's physical characteristics of the occurrence of unpredictable prevention of the adverse consequences;
(3) the occurrence of complications that are difficult to avoid;
(4) mainly due to the patient's physical condition, the patient's physical condition is difficult to avoid;
(d) the adverse consequences mainly due to the patients and their families do not cooperate with the diagnosis and treatment. Article 6 medical personnel due to violation of rules and regulations and diagnosis and treatment and care routines, the following negligence caused by medical accidents, for the responsibility of the accident:
(a) AWOL, delayed diagnosis and treatment and effective rescue.
(2) the emergency, critical, serious patients do not actively rescue, arbitrarily transferred to the hospital, transfer and loss of effective rescue time.
(3) the inability to diagnose and treat difficult diseases or incompetent technical operations, not in accordance with the provisions of the superior physician to consult, not the implementation of the instructions of the superior physician to deal with unauthorized, or the superior physician to the subordinate physician's report is not in accordance with the provisions of the timely processing.
(4) Violation of operating procedures during surgery, opening the wrong site, removing the wrong organ, wrongly injuring other tissues and organs, or leaving instruments, gauze and other foreign objects in the body of the patient.
(5) Failure to carefully observe the progress of labor in midwifery, violation of the principles of midwifery and operating procedures.
(6) Choosing the wrong type and site of anesthesia, using the wrong anesthesia drugs and dosage in anesthesia.
(7) Failure to implement the sterilization and isolation system and aseptic technical operation procedures, causing serious infection or serious cross-infection.
(h) Diagnosis and use of drugs in violation of contraindications or allergy test regulations.
(ix) Pharmacy work in the wrong prescription, the wrong drugs, labeling the wrong usage, dosage.
(10) nursing work in violation of the checking system and other systems and technical procedures, not in accordance with the provisions of the handover, or do not follow the doctor's instructions, nursing errors.
(xi) test, pathology, physical therapy, radiation, isotopes and other examination and treatment work irresponsible, errors occur, directly affecting timely and accurate diagnosis and treatment.
(xii) administrative and logistical management is chaotic, common first aid medicines, supplies are not enough, poor maintenance of equipment and other facilities, directly affecting the timely and accurate diagnosis and treatment. Article VII medical personnel in accordance with the rules and regulations, diagnosis, treatment and care routine, but due to technical negligence caused by medical accidents, for technical accidents. Article VIII of medical accidents, incidents occur, the medical unit or individual practitioners must take effective measures to actively medical rescue, reduce the degree of damage.
Medical unit of the unit of medical accidents or incidents, county-level health administrative departments of the jurisdiction of the individual practitioners of medical staff of medical accidents or incidents, should be immediately investigated, dealt with, and in the accident after the characterization of the ten days after the completion of the medical incident report form reported to the next level of the health administrative departments, the first level of medical accidents should be reported at the same time to the provincial health administrative departments. The format of the report form shall be prescribed by the provincial health administrative department. Article 9 The composition of the technical appraisal committee for medical accidents must be an odd number, twenty-three or twenty-five at the provincial level, seventeen or nineteen at the municipal (prefectural and state) level, and thirteen or fifteen at the county (municipal and district) level. Appraisal Committee may set up a number of specialty appraisal group as needed, responsible for the specific appraisal of the specialty.
The appraisal committee to make the conclusion of the appraisal, should be based on facts, in line with the principles of medical science, if there is disagreement, shall be more than two-thirds of the members of the appraisal committee to pass, in order to be effective. Article X of medical malpractice appraisal conclusion, the local health administrative department formally notify the parties concerned, no one shall not be interpreted without authorization. Article XI appraisal fee paid in advance by the party making the appraisal, the appraisal of medical malpractice, by the medical unit or individual practitioners, not medical malpractice, by the party making the appraisal of the burden. Article XII determined as a medical malpractice, the medical unit and the relevant units should do a good job, and may be based on the level of the accident, the circumstances and the patient's situation to give a one-time financial compensation. Compensation standards:
(A) the first level of medical malpractice, the deceased over the age of sixteen years of age up to four thousand yuan, three years of age over the age of sixteen years of age, up to three thousand yuan, under the age of three years of age up to two thousand yuan.
(2) For second-degree medical malpractice, the maximum shall not exceed three thousand dollars.
(3) For third-degree medical malpractice, the maximum amount shall not exceed one thousand dollars if the patient is over sixteen years of age, six hundred dollars if the patient is over three years of age and under sixteen years of age, and three hundred dollars if the patient is under three years of age.