(I) Consultation
1, medical disputes;
2, complaints to the medical institution;
3, copying and sealing of medical records;
4, to the administrative department of health to apply for treatment;
5, medical malpractice appraisal;
6, if not convinced, apply for re-appraisal
7, the administrative department of health to make a decision to deal with;
8, if not convinced, administrative reconsideration.
(2) Litigation
1, medical disputes;
2, complaints to medical institutions;
3, copying and sealing of medical records;
4, filing of lawsuits;
5, the first hearing;
6, commissioning of medical malpractice appraisal;
7, if not satisfied, apply for re-appraisal;
8, judicial review;
9, the medical malpractice department makes a decision;
9, the administrative review. p>
8, judicial appraisal;
9, another hearing;
10, judgment;
11, if not convinced, appeal.
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Two, medical lawsuit, what evidence to collect?
1, party statement
Party statement, refers to the parties to the case on the facts related to the case made to the court.
However, it is difficult to prove the facts directly without other evidence to support each other.
2, documentary evidence
Documentary evidence, refers to words, symbols, patterns, and other forms of recorded content to prove the facts of the case, common are:
Registration form, outpatient medical records, laboratory tests, reports, imaging information, prescription, diagnosis, hospitalization records, outpatient bills, inpatient bills, proof of loss of lost time, tax certificates, invoices of nursing care, transportation bills and so on. The company's website has been updated with the latest information about the company's services and services.
3, physical evidence
physical evidence, refers to the existence of objects, shape, features, quality, specifications, etc. to prove that the diagnosis and treatment of some or all of the facts of the nursing activities, such as:
Infusion, medication, blood transfusion, injections, and other activities caused by the adverse consequences of the disputes arising from the residual liquid, syringes, residual medicine, transfusion and pumping of blood instruments.
4, electronic data
Electronic evidence, refers to the electronic, electromagnetic, optical and other forms of information stored in the computer, for example:
Medical personnel in the process of medical activities, the use of information systems generated by the text, symbols, charts, graphs, figures, images and other digital information.
And can realize the storage, management, transmission and reproduction of medical records, is a form of record of the medical record, including outpatient (emergency) clinic medical records and inpatient medical records.
5, audio-visual data
audio-visual data, refers to the audio, video and other technical means to fix the graphic and electronic data to prove the facts of the case of evidence, such as:
hospital corridors, wards, operating rooms, intensive care unit in the recording. Recordings are mostly in the recording of conversations with doctors and other personnel.
6, witness testimony
Witness testimony, refers to the understanding of the case related to the situation of the person or unit of its understanding of the facts of the case to the court to make a statement, for example:
With the ward patient's testimony, at the same time to do the examination of the patient's testimony, at the scene of the bystander's testimony, etc., but also includes the alarm after the police issued a statement.
It is important to note that the witness statements submitted to the court by the patient need to be prepared for the witnesses to appear in court.
The witnesses appear in court in order to be questioned by the adjudicator and the parties, and this questioning is also a process of cross-examination of the evidentiary material.
Only after the cross-examination of the evidence material, may be admissible as evidence by the court.
7, appraisal opinion
Appraisal opinion, the appraisal body established by law to use the relevant technology, skills and equipment, some professional issues to make technical judgments. For example:
Autopsy report, medical malpractice appraisal, medical damage appraisal, treatment cost relevance appraisal, disability appraisal, lost time appraisal, nutritional appraisal, nursing care appraisal, disability appraisal, follow-up treatment cost appraisal.