(2) Limitations of the level of the medical personnel undergoing treatment. Due to the deepening development of medicine, the branches of the discipline is more and more detailed, the doctor of a particular specialty can not have a sufficiently full understanding of all other disciplines, the treatment of the doctor is difficult to anticipate and prevent the situation;
(3) the limitations of the medical discipline itself. Medicine is an empirical science, the technical level of medical personnel is with the accumulation of work experience and constantly improve, for some rare clinical diseases, if the doctor has not been exposed to, sometimes it is difficult to make accurate judgments. There is also a part of the medical measures itself is quite risky, such as the toxic side effects of drugs, limited means of examination and so on;
(4) the diagnosis and treatment process is limited by time. Emergency, critical and serious patients, due to time constraints, there is not enough time to conduct the necessary checks, carefully study and analyze the condition, it is inevitable that diagnostic errors occur;
(5) the limitations of the conditions of access to medical care. Effective diagnostic and therapeutic equipment, drugs are not available in every hospital at the same time;
(6) There are also reasons on the part of the patient, which can make diagnosis and treatment more difficult. For example, the patient's idiosyncratic constitution, atypical symptoms and signs, unclear complaints, physiological and structural variations, etc., will also affect the diagnosis and treatment. If it is difficult to predict and prevent the occurrence of adverse consequences of the above reasons, should be a medical accident, but not a medical incident.
The fundamental difference between a medical accident and a medical malpractice is that the medical personnel in a medical accident are not at fault for causing the patient's death, disability, or tissue or organ damage leading to dysfunction in the diagnosis and treatment of the patient. For example, Zhu was poisoned with thallium metal, which eventually led to severe disability of the patient. Thallium metal is extremely difficult for ordinary people to come into contact with in their lives, and cases of poisoning due to thallium metal are even fewer and farther between, making it a rare clinical disease. The hospital actively and repeatedly focus on various specialties expert consultation, unable to clarify the cause of the disease, and later is through the international Internet clues, targeted thallium content of the test, and finally a clear diagnosis, and thereafter, although the appropriate treatment is given actively, but ultimately due to the delay in time, the loss of the best time for treatment, which resulted in Zhu's severe disability. This case, finally, by the relevant medical malpractice technical appraisal committee appraisal does not belong to medical malpractice.