Medical malpractice to find which department to solve what is misdiagnosis

Medical malpractice to find which department to solve what is a misdiagnosis

Medical malpractice to find which department to solve what is a misdiagnosis, due to the limited nature of the medical research, misdiagnosis is a problem that can not be absolutely avoided in clinical medicine, even if the best hospitals, the most experienced doctors, there may also be misdiagnosis. The following share medical malpractice to find which department to solve what is misdiagnosis.

Medical malpractice to find which department to solve what is misdiagnosis1

First, misdiagnosis to which department of the hospital

You can complain in the hospital's medical disputes office, but also directly to the hospital's internal management department.

Application for medical malpractice appraisal should go through the following procedures. Fill out the "medical malpractice appraisal application"; submit the relevant information; according to the provisions of the prepaid appraisal fee. After the appraisal, if the medical malpractice, the appraisal fee is paid by the medical unit; not medical malpractice, paid by the patient or his family.

The key point is to collect all the medical records in a timely manner (generally including a day list / cost details, diagnostic certificates, hospitalization certificates, discharge certificates, inpatient case home page, admission records, medical records, surgical consent, anesthesia consent, informed consent for blood transfusion therapy, special examination (special treatment) consent, the critical (serious) notification, medical orders, auxiliary inspection reports, body temperature list, The company's main goal is to provide the best possible service to its customers, and to provide the best possible service to its customers.

Second, the responsibility of the misdiagnosis of the hospital

From the principle of fault, no fault misdiagnosis does not bear legal responsibility, fault misdiagnosis has the following kinds of legal responsibility.

(a) medical malpractice

In accordance with the provisions of the "Regulations on the Treatment of Medical Accidents", the violation of health care management laws, administrative regulations, departmental rules and regulations and diagnosis and care norms, routines, resulting in patients with personal injury of the adverse consequences of the degree of damage must be reached in the "conditions for the treatment of medical accidents" of the medical malpractice level;

and the Health Department of the Ministry of Health.

As well as the Ministry of Health, "medical malpractice classification standards (for trial implementation)" requirements, and negligent behavior between the adverse consequences of the existence of a causal relationship, that is, constitutes a medical incident, should bear the responsibility for medical malpractice.

(ii) civil liability

The people's court in the trial of medical disputes, does not constitute medical malpractice, but the trial can be determined that the medical institution is at fault for the misdiagnosis of the behavior, in line with the elements of tort, should be in accordance with the "People's Republic of China *** and the General Principles of Civil Law," the determination of the medical institution to assume responsibility.

For technical misdiagnosis, no matter what kind of program damage caused to the patient, the medical institution shall bear civil liability.

(C) criminal liability

China's criminal law provides that "medical personnel, due to gross irresponsibility, caused the death of a person or serious damage to the health of the person attending the clinic, shall be sentenced to less than three years of fixed-term imprisonment or criminal detention".

Third, how to identify medical accidents

(a) the acceptance of the department

(1) the city acceptance of medical malpractice appraisal of the 'have: the city, the county-level city, the Medical Accident Technical Appraisal Committee (hereinafter referred to as the appraisal committee).

(2) city, county-level city appraisal committee is responsible for accepting the appraisal of the jurisdiction of the medical malpractice or incident, and its day-to-day work by the same level of the Health Bureau of the medical department.

(3) city appraisal committee is responsible for accepting the county-level city appraisal committee appraisal conclusion is not convinced and asked for re-appraisal of the case, as well as the city city within the scope of the medical institutions of medical malpractice or incident identification, its daily work by the Municipal Health Bureau of medical affairs department.

(2) medical malpractice appraisal procedures and time limits

(1) the patient's family members request to pursue medical responsibility, the first to the medical unit of the medical office (section) of the medical malpractice appraisal of the written application, the medical unit of the medical malpractice team for discussion, and issued a written conclusion.

(2) patients or their families are not convinced of the conclusions of the medical unit, you can apply to the appropriate medical malpractice appraisal committee for medical malpractice appraisal.

(3) The application for identification of medical accidents or incidents is limited to one year after the occurrence of the adverse consequences of the accident or incident, and is not admissible after the deadline; however, in the case of death of the patient, his family should apply within fifteen days after the death of the patient or receipt of the autopsy report.

(4) of the county-level city of medical malpractice appraisal committee's findings are not convinced, should be received within fifteen days of the appraisal letter to the city of medical malpractice appraisal committee to apply for appraisal review.

(5) of the city of medical malpractice appraisal committee's conclusions, should be received within fifteen days of the appraisal letter to the provincial Medical Accident Appraisal Committee to apply for appraisal review.

(6) Provincial Medical Accident Technical Appraisal Committee's appraisal for the final appraisal, such as the conclusion is not convinced, you can directly to the local people's court.

Medical malpractice to find which department to solve what is the misdiagnosis2

First, the hospital misdiagnosis to find which department to complain

Hospital misdiagnosis can be complained to the hospital, but also to the administrative department of medical and health care complaints.

Second, the hospital misdiagnosis of how to compensate

Medical personnel in the diagnostic and therapeutic activities did not do with the then level of medical care corresponding to the diagnostic and therapeutic obligations, resulting in damage to the patient, the medical institution shall bear the responsibility for compensation. Misdiagnosis of personal injury caused by infringement of others, should be compensated for medical expenses, nursing costs, transportation costs and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to lost wages.

If the infringement of the personal rights and interests of others causes serious mental damage to others, the infringed person may request compensation for mental damage.

Third, the correct treatment of medical misdiagnosis

As misdiagnosis has the implication of error, misdiagnosis often leads to misdiagnosis and delayed, aggravated, and sometimes even cause medical disputes. In social opinion, misdiagnosis is sometimes seen as irresponsible or low technical level, so the majority of doctors often hold a sensitive and avoidant attitude towards misdiagnosis, thinking that being recognized as a misdiagnosis means that they have to be responsible for it, and that it is detrimental to their reputation.

However, misdiagnosis is a common problem in clinical work, even for doctors with rich clinical experience. Therefore, for misdiagnosis should also look at whether the family gave the doctor clues at that time, whether the doctor has a positive attitude and measures to respond;

To different misdiagnosis of the situation to make a different responsibility to determine the standard: misdiagnosis can not be equated with the error, misdiagnosis of the existence of objective reasons, should face up to the existence of the misdiagnosis, misdiagnosis should be avoided.

Medical malpractice to find which department to solve what is a misdiagnosis3

1, settlement.

After the occurrence of medical disputes, the patient and the hospital can be in line with the principle of equality and voluntariness, based on full consultation to reach a settlement agreement, the effectiveness of the settlement agreement should be recognized.

2, mediation.

has been identified as a medical malpractice, the health administrative department should be medical malpractice disputes between the two parties request, can be mediated compensation for medical malpractice. After mediation, the parties reached an agreement on the amount of compensation, the production of mediation, the parties should fulfill; mediation or mediation agreement after a party to repentance, the health administrative department is no longer mediation.

3, litigation.

Before the lawsuit, the parties can be identified as medical malpractice or medical fault identification, medical malpractice identification by the Medical Association identification, medical fault identification by the Forensic Science Center identification. Appraisal is not a legal procedure for medical dispute litigation.

Legal basis

Article 48 of the Regulations on the Handling of Medical Accidents, has been determined to be a medical malpractice, the administrative department of health should be the request of both parties to the medical malpractice disputes, medical malpractice compensation mediation can be carried out. Mediation, should follow the principle of voluntariness of the parties, and should be based on the provisions of these regulations to calculate the amount of compensation.

After mediation, the parties reached an agreement on the amount of compensation, the production of mediation, the parties shall fulfill; mediation fails or mediation to reach an agreement on one side of the reversal, the administrative department of health is no longer mediation.