According to the "Regulations on Medical Accidents" Article 2: the regulations referred to as medical malpractice, refers to the medical institutions and their medical personnel in medical activities, in violation of the laws of medical and health care management, administrative regulations, departmental rules and regulations and diagnosis and treatment norms and routines, negligence caused by the patient's personal injury accident.
Two, the need for identification. Article 20 the administrative department of health received by the medical institutions on the major medical negligence report or medical malpractice disputes require the parties to deal with medical malpractice disputes, the need for medical malpractice technical appraisal, shall be responsible for medical malpractice technical appraisal of medical association organization appraisal; doctors and patients to solve the medical malpractice disputes, the need for medical malpractice technical appraisal, by the parties to *** with the medical association in charge of medical malpractice technical appraisal work entrusted to the organization of the appraisal.
Three, not legally responsible for the circumstances:
Article 33 of the following circumstances, is not a medical accident:
(a) in an emergency in order to save the life of dying patients to take emergency medical measures resulting in adverse consequences;
(b) in the medical activities due to the patient's condition is abnormal or the patient's special physical condition and medical accident
(3) in the existing medical science and technology conditions, the occurrence of unforeseen or can not be prevented adverse consequences;
(4) no fault blood transfusion infections caused by adverse consequences;
(5) due to the patient's reasons for delayed diagnosis and treatment of the adverse consequences;
(6) due to force majeure caused by the adverse consequences.