The miscarriage caused by misdiagnosis in the hospital requires professional medical identification and investigation of whether doctors are negligent. For misdiagnosis, no matter what kind of procedural damage caused to patients, medical institutions should bear civil liability. According to the damage caused to the patient by misdiagnosis, the hospital should compensate the patient for the unnecessary medical expenses and transportation expenses increased due to misdiagnosis and mistreatment, compensate the patient for the nutrition expenses incurred due to nutritional support according to different circumstances, and pay for the lost time due to misdiagnosis and mistreatment. If the infringement consequences are serious, the hospital should also bear appropriate spiritual consolation money.
Legal basis
Article 1218 of the Civil Code of the People's Republic of China [Principle of liability fixation for medical damage and subject of liability] If a patient suffers damage in diagnosis and treatment activities and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation.