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Division and determination of tort liability for medical malpractice

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Division and determination of tort liability for medical malpractice


        

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  • 2024-06-04 19:00:03

    The division standards of liability for medical accidents are as follows:

    1. Full responsibility, 100% responsibility for medical accidents;

    2. Main responsibility, 60% to 90% of the responsibility for medical accidents;

    3. Secondary responsibility, requiring 20% to 40% responsibility for medical accidents;

    4. Minor liability, which shall not exceed 10% of the liability for medical accidents.

    [Legal Basis]

    According to 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, the patient's original disease status and other factors, and determine the degree of responsibility for medical negligence. The degree of responsibility for medical negligence in medical accidents is divided into:

    (1) Full responsibility means that the damage consequences of medical accidents are completely caused by medical negligence;

    (2) Primary responsibility means that the consequences of medical accident damage are mainly caused by medical negligence, and other factors play a secondary role;

    (3) Secondary liability means that the damage consequences of medical accidents are mainly caused by other factors, and medical negligence plays a secondary role;

    (4) Minor liability means that most of the consequences of medical accident damage are caused by other factors, and medical negligence plays a minor role.

    T***

    2024-06-04 19:00:03

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