Solution to medical disputes: After patients obtain medical records and other materials, they can conduct preliminary research. If necessary, you can consult medical experts and legal experts to find out whether it is a medical accident and whether the doctor is at fault.
When patients think that doctors should bear the responsibility and have medical disputes with doctors, there are three solutions:
1, it was negotiated with the doctor. According to Article 46 of Chapter 5 of the Regulations on Handling Medical Accidents, civil liability disputes such as compensation for medical accidents can be resolved through consultation between doctors and patients.
It is worth noting that in judicial practice, the parties voluntarily reach a settlement agreement on personal injury, and if one party goes back on his word and brings a lawsuit to the people's court, his right to appeal should be protected. However, if he can't prove that the agreement is invalid or revocable at the time of conclusion, the agreement shall be regarded as valid.
2. Apply to the health administrative department for handling.
Legal basis: Article 37 of the Regulations on Handling Medical Accidents in People's Republic of China (PRC), when a medical accident dispute occurs, the parties concerned may submit a written application to the health administrative department of the people's government at the county level where the medical institution is located. A written application shall be filed within 1 year from the date when the party concerned knows or should know that his health is damaged.
Bring a civil lawsuit to the people's court. At present, bringing a lawsuit to the people's court for medical compensation disputes is not based on the technical appraisal of medical accidents. The burden of proof of patients focuses on the consequences of personal injury (physical health damage, death, etc.). ) and medical relations with medical institutions (medical records, medical bills, etc.). ).