1, medical malpractice is in the medical activities, the relevant medical institutions or medical personnel do not comply with the relevant laws and regulations of medical and health care management as well as departmental rules and regulations, diagnosis and treatment norms, routines, and so on, negligence to the patient caused personal injury.
2, medical error is in addition to medical malpractice because of the medical party's fault to the patient caused personal injury.
3, medical error is the occurrence of diagnosis and treatment of negligence, to the patient caused some pain, prolonged treatment time or increase the unnecessary economic burden, but the consequences of the accident is light. According to the degree of adverse consequences, but also divided into serious errors and general errors.
Second, the difference between medical malpractice and medical error and what
1, the applicable law
To deal with medical malpractice, the main laws and regulations issued by the State Council of the "Regulations on the Treatment of Medical Accidents"; and to deal with the incident of medical error is mainly based on the "Supreme People's Court on the trial of cases of personal injury compensation of the application of law on the interpretation of the case".
2, identification
For medical malpractice, mainly by the medical association where the medical appraisal organization for identification; medical fault identification by the judicial appraisal organization for identification.
3, compensation standards
For medical malpractice, if the conclusion of the appraisal is that the medical behavior of the medical practitioner, in accordance with the "Regulations on the Handling of Medical Accidents" to determine the compensation standard.
For medical fault, after the identification if the existence of the medical side of the fault caused by the patient damage, according to the "Supreme People's Court on the trial of personal injury compensation cases on the application of the law on a number of issues of the Interpretation" of the provisions of the calculation of the amount of compensation.
Three, the main difference between medical errors and medical accidents
The difference between medical errors and accidents is the severity of the consequences.
Medical malpractice must be in the diagnosis and treatment of nursing work, the occurrence of unlawful and harmful negligence, directly resulting in the patient's death, disability and serious functional impairment.
Medical error refers to the diagnosis and treatment, the work, due to the responsibility is not strong, careless, not in accordance with the rules, regulations, systems, operating procedures, general errors, affecting the normal progress of the diagnosis and treatment work, but the patient did not lead to adverse consequences, or timely correction did not lead to accidents.