Medical errors can sue the hospital

The doctor-patient relationship has always been the embodiment of social conflicts, there is no shortage of patients who do not trust or even randomly accuse the doctor, there is no medical ethics of the doctor. Hospitals are not always wrong, the occurrence of errors in small may just be more than a few needles, large may be related to life, that the citizens in the encounter with medical errors, what should be done. First of all, let's clarify the meaning of a few terms, medical disputes, medical errors and medical malpractice, literally, the degree of medical malpractice is the most serious, indeed, because of the errors of the medical staff lead to patients suffer direct personal damage consequences, light to organ function damage, heavy to disability, death, "Medical Accident Handling Regulations" in the medical accident is divided into four grades, which belong to the category of medical malpractice. These are the categories of medical errors. Medical error is slightly less serious than medical malpractice, and any negligence that does not meet the standard of medical malpractice is recognized as medical error, which means that the medical staff has made a mistake, but timely compensation has not caused serious damage to the patient. As an example, a doctor did not check the medical tools during surgery, resulting in a piece of gauze left in the patient's body, medical staff found before the suture and removed, or only after the end of the operation and then arranged to remove, regardless of the length of time, and finally the gauze was taken out of the patient's organ function and did not cause damage to the patient, even if the process of letting the patient prolonged treatment time, but also does not constitute a medical malpractice, is only a medical Medical Error. If the gauze has already damaged the patient's organ function before the medical personnel take out the gauze, or if the gauze remains in the body and directly leads to the patient's death or disability and organ function damage a few days later, then it constitutes medical malpractice. And the emergence of medical disputes is far more than medical errors, and even some times medical disputes are not because of the emergence of the fault of the medical staff, it may be that the patient's requirements are not met, the patient does not trust the doctor's decision, the patient wants to get the benefits of disputes and so on, there are a lot of reasons for the emergence of medical disputes, and the solution to the problem is also the same. In case of medical errors, it is possible to seek compensation from the hospital through legal means. Through the explanation of the three terms, we can also know that medical error is not up to the standard accident medical negligence, in our country's "medical malpractice treatment method", also only on the treatment of medical malpractice provisions, did not provide for the treatment of medical error, but the patient is also able to ask the hospital for compensation. The Supreme People's Court has issued a guideline, based on Article 119 of the General Principles of Civil Law, which states that the court should accept medical disputes that comply with the provisions of the Civil Procedure Law, i.e., cases in which the patient seeks compensation from the hospital. Medical errors are also categorized into general medical errors and serious medical errors, and such categorization is based on whether or not there is any damage to the patient's physical health. For example, if a medical staff mistakenly puts the bottles that need to be injected in two beds in the opposite direction, and in the end it does not cause any damage to the health of both parties, and both patients are safe and sound, this is categorized as a general medical error, and if it causes the condition of the two patients to become more serious, this is categorized as a serious medical error. Involved in the case of medical error, the parties can come up with the hospital that there is indeed negligence evidence is very important, common evidence is the hospital information, including medical records, medical bills, test lists and payment lists.