Do you need a lawyer for medical board mediation?

It's up to you. Medical disputes occur after the parties whether to hire a lawyer is entirely your personal freedom, not litigation must hire a lawyer. If you think you can quote the law correctly in court, clearly explain the facts, there is no need to hire a lawyer, on the contrary, it is necessary. If you think that the grasp of the law is more comfortable, their rights are not impossible.

First, medical disputes need to hire a lawyer?

After the occurrence of medical disputes, the parties whether to hire a lawyer is completely your personal freedom, and not litigation must hire a lawyer. If you think you can quote the law correctly in court, clearly explain the facts, there is no need to hire a lawyer, on the contrary, it is necessary. If you think you are more comfortable with the law, you can defend your rights.

Medical dispute refers to the occurrence of health care, preventive health care, medical cosmetology and other legal qualification of medical enterprises and institutions, a party (or more than one) that the other party (or more than one) that the parties in the provision of medical services or the fulfillment of legal obligations and obligations of the existence of fault, resulting in the actual consequences of the damage, should bear the responsibility for breach of contract or tort liability, but the two sides (or more than one) of the parties on the The disputed facts of different understanding, disputes and disagreements between the two (or more) parties. Definition needs to meet the four elements:

1, specific in the field of medical services;

2, the parties are legal civil subject;

3, the proceedings are negligent behavior;

4, the wrong responsibility in the pending state.

This concept covers all cases of negligence and no negligence, reflecting the concept of medical disputes and connotation, excluding other disputes occurring in the medical industry, such as engineering and construction contract disputes, disputes over the purchase and sale of medical equipment and medicines, personnel arbitration, labor disputes and so on.

The causes of medical disputes are many, generalized into six categories:

1, diagnosis and treatment of negligence and cause damage to the results, such as 4 level 12 medical malpractice and non-medical malpractice of medical negligence;

2, although there are diagnostic and treatment of negligence but did not cause damage to the results, such as surgical injuries to neighboring tissues, but timely treatment of the healing;

3, there is no diagnostic and treatment of negligence, but there are indeed damage to the results, such as anesthesia accidents, surgical complications, and the results of the surgery. Such as anesthesia accidents, surgical complications, adverse drug reactions;

4, biological drugs, instruments and equipment, supplies and dressings and other medical supplies, including suspected product quality liability;

5, the patient's lack of awareness of medical risks, unilateral misunderstanding, such as preterm babies itself is the causative factor of cerebral palsy of the newborn;

6, other disputes that have nothing to do with the act of diagnosis and treatment, such as patient Self-inflicted suicide or non-medical behavior caused by the loss of personal property.

In the first category of "negligence and damage caused by diagnosis and treatment behavior", including the current laws and regulations in accordance with our country to determine the three causes of action:

1, medical service contract disputes;

2, medical malpractice damages disputes;

3, the general medical damages disputes.

Medical service contract refers to all kinds of legal medical institutions and patients or general consumers, equal subjects between the medical services or related legal obligations and obligations for the content of the agreement between the two sides or more to establish, change, terminate the civil rights and obligations of the agreement. Because of the conclusion of the medical service contract, the fulfillment of disputes and medical malpractice disputes and medical damage disputes, is also an important form of medical disputes.

It is necessary to point out in particular, medical malpractice damages and general medical damages disputes in fact belong to the same personal rights infringement disputes, from the legal relationship analysis, there is no need to distinguish between the two.

On September 1, 2002, the implementation of the "Regulations on the Treatment of Medical Accidents" in the definition of "medical malpractice", has been included in the general category of torts, so that it has a violation of the law, negligent behavior, the results of the damage, as well as the causal relationship between the negligence and the damage of the four basic elements of the "Regulations," article 2 provides that "medical malpractice, refers to the medical institutions and their medical personnel in medical activities, violation of medical and health management laws, administrative regulations, departmental regulations and diagnosis and treatment norms, routines, negligence caused by the patient's personal damage to the accident". From the definition, "medical malpractice" is "medical damage", there is no difference in the legal nature, just "medical malpractice" assessment and classification of the health administration more Practical significance, it directly affects the title of medical personnel, positions and income and medical institutions of the comprehensive rating, the impact of civil liability is not great.

According to the principle of civil law, because of medical disputes arising from the legal relationship of claims can only have contractual debt and tort debt of two kinds, namely, medical service contract disputes and disputes over medical damages, and there is a "competing responsibility" between the two. China's current judicial practice allows the coexistence of three kinds of cases, has shown negative effects, but to achieve legal unity, I am afraid that there is still time, both at the legislative level, but also at the judicial level.