The elements of civil liability for medical accidents are as follows:
1. The subject of medical accidents is legal medical institutions and their medical personnel;
2. The medical institution and its medical staff have violated the medical and health management laws, regulations, diagnostic and nursing norms and routines;
3. The direct actor of the medical accident has subjective fault in diagnosis, treatment and nursing;
4. The patient has personal injury consequences;
5. There is a causal relationship between medical behavior and damage consequences.
[Legal Basis]
Article 54 of the Tort Liability Law states that if a patient suffers damage in the course of diagnosis and treatment, and the medical institution and its medical staff are at fault, the medical institution shall bear the liability for compensation. (The Tort Liability Law will expire on December 31, 2020).
According to Article 1218 of the Civil Code, if a patient suffers damage in the course of diagnosis and treatment and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation. (The Civil Code will enter into force on January 1, 2021).
