1, the consequences are different;
2, the identification of different institutions;
3, medical negligence arises from the intentional or negligent violation of health care-related regulations, medical malpractice also requires causation. Medical malpractice is caused by negligence. Medical malpractice can not be simply understood as a simple addition of medical and accident, that is, that all accidents in the medical process are medical malpractice.
I. Medical malpractice and medical fault conceptual difference:
1. Medical malpractice refers to the medical institutions and their medical personnel in medical activities, in violation of medical and health care laws, administrative regulations, departmental regulations and diagnosis and treatment norms, routines, negligence caused by the patient's personal injury accident.
2, medical error refers to medical malpractice, due to the hospital's fault, causing personal injury to the patient's fault.
3, medical malpractice and medical negligence in the applicable law there is a difference, and thus in the appraisal, the amount of compensation, there are obviously different.
The difference between medical malpractice and medical negligence is mainly reflected in the following aspects:
1, the consequences are different. Medical negligence of the damage caused by the victim is relatively light, medical malpractice produced by the physical damage is often heavier.
2, the identification of different organizations. Both belong to the medical association and forensic institutions to identify.
3, the medical fault arises from intentional or negligent violation of health-related laws and regulations, medical malpractice also requires causation.
Three, medical malpractice and medical negligence in the applicable law there are differences:
1, the two in the identification, the amount of compensation and so on there are obviously different.
2, the former is mainly based on the State Council promulgated regulations on medical malpractice, the latter is mainly applicable to the Supreme People's Court on the trial of personal injury compensation.
3, the appraisal organization of medical malpractice is the medical association, the appraisal organization of medical fault is the judicial appraisal institution.
Legal basis:
"Regulations on Medical Accidents"
Article 2 The medical accident referred to in these regulations refers to the medical institutions and their medical personnel in the medical activities, in violation of the laws of medical and health care management, administrative regulations, departmental rules and regulations and diagnostic and nursing norms, routines, negligence caused by the patient's personal injury accidents. Article VI medical institutions shall carry out medical and health care management laws, administrative regulations, departmental rules and regulations and diagnosis and treatment norms, routines, training and medical service professional ethics education.