malpractice

What is the medical accident handling process

Treatment of medical accidents technological process:

1. In case of medical accident dispute, either doctor or patient has the right to apply to the local health administrative department Medical accident appraisal , fill in the application form, or both doctors and patients jointly apply to the medical association for identification.

2. The health administrative department at the county level is responsible for mediating and assisting both doctors and patients to apply to the medical association for medical accident identification. When the mediation of medical accident dispute is unsuccessful, the patient's family members can submit a medical appraisal to the Municipal Medical Association within one year from the date of knowing the medical dispute, or directly submit it to the Municipal People's Court litigation 。

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Medical accident identification procedure

The procedures required for applying for medical accident identification are:

1. Application;

2. Acceptance;

3. Transfer;

4. Submit relevant identification materials;

5. Participate in the technical appraisal meeting of medical accidents;

6. The expert opinions shall be formed and delivered.

Conditions for Medical Association to accept medical accident appraisal:

If the conditions for acceptance are not met, the Medical Association will not accept it. In case of rejection, the Medical Association shall explain the reasons.

Under any of the following circumstances, the Medical Association will not accept the technical appraisal of medical accidents:

（1） One party directly applies to the medical association for appraisal;

（2） Medical malpractice disputes involving multiple medical institutions, one of which has been accepted by the local medical association;

（3） The dispute over medical malpractice has reached an agreement or judgment through mediation by the people's court;

（4） The party concerned has filed a civil lawsuit with the people's court (except for those entrusted by the judicial organ);

(V) Illegal practice of medicine Causing damage to the patient's health.

Compensation standard for medical accidents

(I) Medical expenses : According to the medical accident caused to patients Personal injury What happened during the treatment medical expense It is calculated and paid according to the certificate, but does not include the medical expenses of the primary disease. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the basic medical expenses.
（2） Lost time pay: if the patient has a fixed income, it shall be calculated according to the fixed income reduced due to lost time. The income is higher than the annual average of employees in the previous year where the medical accident occurred wages If it is more than 3 times, it shall be calculated as 3 times; If there is no fixed income, it shall be calculated according to the average annual wage of the staff and workers in the previous year where the medical accident occurred.
（3） Hospitalized food allowance: calculated according to the food allowance standard for travel of general staff of the state organ where the medical accident occurred.
（4） Accompanying expenses: if a patient needs to be accompanied by a specially assigned person during hospitalization, it shall be calculated according to the average annual salary of the staff in the previous year when the medical accident occurred.
（5） Disability living allowance: according to Disability level , calculated according to the average annual living expenses of the residents in the place where the medical accident occurred, and the maximum compensation is 30 years from the month when the disability is determined; However, those over 60 years old shall not exceed 15 years; No more than 5 years for those over 70 years old.

Classification standard of medical accidents

According to the degree of damage to patients, medical accidents are divided into four levels:
Grade I medical accident: causing death or severe disability of patients;
Grade II medical accident: causing moderate disability of patients, organ and tissue damage and serious dysfunction;
Grade III medical accident: causing slight disability, organ and tissue damage and general dysfunction;
Grade IV medical accident: causing other consequences of obvious personal damage to the patient.
（1） Class A medical accident
Death.
（2） Class I Grade B medical accident
Loss of important organs or complete loss of function, no compensation for other organs, special medical dependence, and completely unable to take care of themselves. For example, it causes one of the following situations of the patient:
1. Vegetarian status;
2. Extremely severe intellectual impairment;
3. Coma that cannot be recovered according to clinical judgment;
4. According to clinical judgment, the autonomous respiratory function is completely lost, can not be recovered, and is maintained by the ventilator;
5. Quadrilateral paralysis, muscle strength level 0, clinical judgment can not be restored.

Regulations on Handling Medical Accidents

general provisions

Article 1 These Regulations are formulated for the purpose of correctly handling medical accidents, protecting the legitimate rights and interests of patients, medical institutions and their medical personnel, maintaining medical order, ensuring medical safety, and promoting the development of medical science.

Article 2 The medical malpractice referred to in these Regulations means that medical institutions and their medical personnel violate the laws and administration of medical and health administration in medical activities statute , departmental regulations, diagnostic and nursing norms and routines, and accidents causing personal injury to patients due to negligence.

Article 3 The handling of medical accidents shall follow the principles of openness, fairness, impartiality, timeliness and convenience to the people, adhere to the scientific attitude of seeking truth from facts, and achieve clear facts, accurate characterization, clear responsibilities and proper handling.

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Who should bear the responsibility for medical accidents

As medical staff, their primary duty is to heal the wounded and save the dying. They serve the people and exist for the health of the people, but they cannot avoid the existence of some quacks or irresponsible medical personnel, This has led to the occurrence of medical accidents. When a medical accident occurs, who should bear the responsibility?

first Medical accident liability What are the subjects?

First, if there is a civil medical accident, then the medical institution is the main body. When a medical accident occurs, whether it occurs in a national medical institution or a private medical institution, the medical institution and the hospital are the subject of responsibility. So when the victim wants to appeal to the court, the medical staff should not be the defendant, but the hospital should be the defendant. If the place where the medical accident occurs is a private clinic, the person who runs the clinic is responsible. So how to solve these problems? First of all, when the accident is identified as a medical accident, according to the law, the relevant departments should give the victim a certain amount of compensation according to the level of the accident damages The amount shall be determined by the local government. Second, the hospital should give the victim a certain amount of compensation.

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What are the conditions that are not medical accidents

《 Regulations on Handling Medical Accidents 》It is stipulated that any of the following circumstances shall not be considered as a medical accident:

The personal injury of patients caused by medical institutions and their medical staff's illegal practice of medicine, infringement of medical products, intentional acts, etc. does not constitute a medical accident; Or even though there is negligence, it does not cause obvious personal damage to the patient. Any of the following circumstances as stipulated in the Regulations on the Handling of Medical Accidents is not a medical accident:

（1） Taking emergency medical measures to save the lives of dying patients in an emergency, resulting in adverse consequences;

（2） Medical accident occurs due to abnormal condition or special constitution of the patient in medical activities;

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What to do in case of a medical accident? What are the precautions

（1） If the patient's death is suspected to be caused by a medical accident, and the clinical diagnosis cannot determine the cause of death, both doctors and patients or either of them should request an autopsy within 48 hours of the patient's death.

（2） After the occurrence of a medical incident, the applicant shall submit a written application for medical accident appraisal within the prescribed time limit, and the applicant shall pay the fee for medical accident appraisal.

（3） After the occurrence of a medical event, the medical unit and the patient shall negotiate with each other first. If an agreement or consensus is reached, the case will be closed.