(A) emergency treatment torts
Emergency treatment refers to those in very serious condition of the patient to save treatment, if not to save treatment is a tort.
(B) medical examination infringement
The so-called medical examination is in the treatment of the patient before the examination to provide a basis for treatment, the law gives the doctor to the patient's obligation to a comprehensive examination of the comprehensive examination of some hospitals are abused to give the patient a lot of unnecessary examination, thus increasing the patient's medical costs. The so-called unnecessary examination, refers to the patient's condition is not related to the examination program.
(C) the tort of medical diagnostic error
The tort of medical diagnostic error refers to the medical personnel in the current medical technology and equipment for the premise of the patient's condition to produce the wrong diagnosis results to the patient causing loss of the tort.
Second, the medical process of the tort situation
(a) the tort of the duty to inform
China's tort liability law provides that the doctor has the obligation to inform the patient, the doctor should be clearly informed of the patient or family members of the operation before the operation may be the risk of the operation and the operation may be the situation after the operation. This is the law gives the doctor the obligation, with mandatory, and in real life, medical personnel may forget to tell the patient or family about some of the possible circumstances of the operation or exaggerate or narrow the dangerous situation, these are medical torts.
After surgery, the hospital should be patients for continuous observation obligations, if the patient is forced to leave the hospital, the doctor should be clearly informed of what may occur after the discharge of the patient, and now many hospitals in the patient is forced to leave the hospital, just let the patient to sign a form of responsibility for the book of the many hospitals, doctors do not have the detailed consequences of the discharge of the hospital to the patient so that if the patient has a bad situation, the hospital should also be liable in tort.
(2) the tort of medication
China's law stipulates that doctors should give patients reasonable medication and the role of drugs and side effects of the obligation to explain in detail. There may be several torts in the following aspects: first, is the process of medication torts. The so-called reasonable use of drugs means that, in line with the patient's condition of the right medicine, if there are similar drugs should be given to the patient to explain the advantages and disadvantages of its patients to decide for themselves with which type of drugs, the doctor should inform the patient of the truth, have the patient's own choice of drugs, otherwise it is enough to become a tort. Secondly, it is the tort of drug explanation. Doctors have the obligation to explain drugs to patients. Some doctors prescribe drugs to patients, basically the use of drugs, drug properties and side effects of drugs without explanation. Coupled with the fact that many drug products in China have no description of the adverse reactions and side effects of the drugs, the hospital should be liable for the tort if the patients use the drugs and have adverse consequences.
(C) the tort of diagnosis and treatment activities.
First of all, the patient in the diagnosis and treatment activities of the damage, medical institutions and their medical staff are at fault, by the medical institution to bear the responsibility for compensation. Secondly, medical personnel in the diagnosis and treatment activities did not do with the then medical level of diagnosis and treatment obligations, causing damage to the patient, the medical institution shall bear the responsibility for compensation.
Third, after the discharge of medical torts
First of all, the medical record information torts. China's tort liability law, the hospital has the obligation to save the patient's medical records, and should be kept confidential for the patient's information. This obligation to implement the principle of presumption of responsibility, as long as the hospital did not save the patient's medical records, it is presumed that the hospital is at fault. If the patient because of the loss of medical records, and the cost of review caused by the hospital should be liable. Secondly, privacy infringement. Hospitals should be the obligation of patient confidentiality. Without the consent of the patient or the family shall not tell the patient's basic situation, otherwise it constitutes a tort.