What circumstances hospitals should be liable, what circumstances hospitals can be

The hospital should be liable for the circumstances. (A) the hospital in the process of diagnosis and treatment of behavior with fault. Judge whether the medical institutions and their medical personnel are at fault, in the diagnosis and treatment process, whether the medical institutions and medical personnel should pay attention to the duty of care as a standard. Adopting objective standards, that is to say, the damage occurred at the time of the clinical level of medical technology to measure the medical institutions and medical personnel whether to pay attention to the duty of care. The specific objective criteria for this duty of care of medical personnel shall include the following: (1). The universal provisions of the law, which are rules to be observed as a rule by every citizen. (2). Laws, administrative regulations, and departmental rules governing medical and health care; (3). Rules and regulations formulated by the medical profession and medical institutions; (4). Diagnosis and treatment and nursing routines and technical operation procedures formulated by the medical profession and medical institutions; (5). Commonly agreed upon practices. In addition, the judgment should be based on a combination of the following criteria: (1). Medical standard; (2). Specialty level; (3). Geographic variation; (4). Level of medical care at the time of the visit; (5). Medical urgency; and Patient family behavior. (b) The hospital's behavior in the course of treatment is presumed to be at fault. The people's court presumes that a medical institution and its medical personnel are at fault if their diagnosis and treatment behavior: (1). Violation of laws, administrative regulations, rules and other provisions relating to diagnosis and treatment norms; (2). Concealing or refusing to provide medical records related to the dispute; (3). Falsifying, altering or destroying medical record information. (4). Medical institutions and their medical staff did not fill in accordance with the provisions of the hospitalization records, medical orders, test reports, surgical and anesthesia records, pathological information, nursing records, medical expenses and other medical records.