For the determination of the degree of responsibility, the Regulations on the Handling of Medical Accidents and the Interim Measures for Technical Appraisal of Medical Accidents of the Ministry of Health have standardized. Article 36 of the Interim Measures for Technical Appraisal of Medical Accidents stipulates that the expert appraisal team should comprehensively analyze the role of medical negligence in the consequences of medical accident damage, the patient's original disease status and other factors, Determine the degree of responsibility for medical negligence. The degree of liability for medical negligence in medical accidents can be divided into: (1) complete liability: it means that the damage consequences of medical accidents are completely caused by medical negligence. (2) Main responsibility: it refers to that the damage consequences of medical accidents are mainly caused by medical negligence, and other factors play a secondary role. (3) Secondary responsibility: it refers to that the damage consequences of medical accidents are mainly caused by other factors, and medical negligence plays a secondary role. (4) Minor liability: refers to that most of the consequences of medical accident damage are caused by other factors, and medical negligence plays a minor role. Obviously, through the determination of the degree of responsibility, we can distinguish the role of disease participation and negligence in the accident, which provides the basis for the treatment of both doctors and patients through consultation, administrative departments or court decisions, and fully reflects the principle of not breaking the law, not assuming responsibility, and how much responsibility to bear the share of responsibility.
Legal basis:
Article 36 of the Interim Measures for Technical Appraisal of Medical Accidents, the expert appraisal team shall comprehensively analyze the role of medical negligence in causing the damage consequences of medical accidents, patients' original disease conditions and other factors, and determine the degree of responsibility for medical negligence.
