What Is Medical Attention?

The medical accident must be approved by the Medical Accident Appraisal Committee after the end of treatment, according to the degree of damage to the patient and the laws and regulations such as the "Infringement Liability Law" and "Medical Accident Handling Regulations" issued by the medical administration department. Relationship rating. Medical malpractice refers to the failure of the main medical staff of a medical institution to comply with medical and health management laws, administrative regulations, departmental regulations, and norms and practices of diagnosis and treatment. Some measures and treatment levels or improper measures, negative treatment attitude, delayed timing, notification of errors, misdiagnosis, misdiagnosis, false intervention and other bad behaviors, resulting in unintended damage to the patient's intelligence and body or delaying the timing of treatment and causing illness Additional loss of life and property resulting from aggravation or death.

Medical accident

The medical accident must be approved by the Medical Accident Appraisal Committee after the end of treatment, according to the degree of damage to the patient and the laws and regulations such as the "Infringement Liability Law" and "Medical Accident Handling Regulations" issued by the medical administration department. Relationship rating. Medical malpractice refers to the failure of the main medical staff of a medical institution to comply with medical and health management laws, administrative regulations, departmental regulations, and norms and practices of diagnosis and treatment. Some measures and treatment levels or improper measures, negative treatment attitude, delayed timing, notification of errors, misdiagnosis, misdiagnosis, false intervention and other bad behaviors, resulting in unintended damage to the patient's intelligence and body or delaying the timing of treatment and causing illness Additional loss of life and property resulting from aggravation or death.

1. The subject of a medical malpractice is legal

According to the degree of damage caused to the patient, medical accidents are divided into four levels:

Class I medical incident: causing patient

1. In the event of a medical dispute, the patient and his family have the right to submit an identification of the medical accident or event within one year after the occurrence of the accident or the adverse consequences of the event.

2. If a patient dies, the family members shall submit a medical accident or incident identification within 15 days after the patient dies or after receiving the autopsy report. The autopsy application should be made within 48 hours after the patient's death, and should be performed by the pathological anatomy department designated by the local health bureau.

3 If both parties to a medical dispute are not satisfied with the appraisal conclusion of the first medical accident technical appraisal committee, they may apply for appraisal to the medical accident technical appraisal committee of the province, autonomous region, or municipality within 15 days of receiving the appraisal conclusion. If you are not satisfied with the appraisal conclusion of the Medical Accident Technical Appraisal Committee of your province, autonomous region, or municipality directly under the Central Government, you may file a lawsuit in a people's court within 15 days of receiving the appraisal conclusion.

4 If the two parties have no objection to the conclusion of the appraisal, they can negotiate a treatment plan; if the negotiation fails, either party can apply to the district, county, or medical university for processing. If the parties are not satisfied with the decision, the parties may apply to the health administrative department of the province, autonomous region or municipality within 15 days from the date of receiving the notice of processing.

In daily work, medical institutions should adhere to the "prevention-oriented" principle, take effective measures to prevent medical accidents, and prioritize precautions before they occur. In order to effectively prevent medical accidents, in addition to establishing medical quality monitoring departments or personnel, strengthening medical quality supervision and management, improving the technical level of medical personnel, and improving service attitudes, a practical plan for preventing medical accidents should also be formulated. The medical accident plan is a series of emergency response procedures formulated before the occurrence of a medical accident, which clarifies the composition, specific duties, work measures and coordination between each member department and its personnel in the emergency mechanism. The plan is launched when the circumstances it addresses arise.

I. Medical expenses

It is calculated according to the medical expenses incurred in the treatment of the personal injury caused by the medical accident to the patient, and it is paid based on the medical expenses, but does not include the medical expenses of the original disease. If it is really necessary to continue treatment after the case is closed, it shall be paid according to the basic medical expenses.

Second, the cost of lost time

Patients with fixed income are calculated based on their fixed income due to lost work. If the income is more than 3 times the average annual wage of the employee in the previous year at the place where the medical accident occurred, if they have no fixed income, they are calculated as 3 times the annual average salary. Calculate the average annual salary of employees in a year.

Third, the hospital meal subsidy

Calculated according to the standard of food allowance for business trip of the general staff of the state agency where the medical accident occurred.

Fourth, escort fees

If a patient needs special escort during the hospital stay, it shall be calculated according to the average annual salary of the employee in the previous year at the place where the medical accident occurred.

V. Disability Living Allowance

According to the level of disability, calculated based on the average annual living expenses of the residents of the place where the medical accident occurred, the longest compensation is 30 years from the month of the fixed disability; for those over 60 years of age, up to 15 years; for those over 70 years of age, up to 5 years.

Expenses for disabled appliances

If a compensatory functional appliance is required due to a disability, it shall be calculated at the cost of the universal appliance with the certification of the medical institution.

7. The funeral expenses are calculated in accordance with the funeral subsidy standards specified in the place where the medical accident occurred.

Transportation costs Patients and relatives who need to accompany the transportation costs of public transportation during the transfer. Special patients cannot take public transportation. The transportation costs of leasing professional transportation are borne by the hospital that caused the medical accident; In case of death, the reasonable transportation costs of the two relatives of the patient participating in the accident shall be borne by the hospital.

Nine, compensation for mental damages There is no compensation for mental damages in medical accidents. With the promulgation of the "People's Republic of China Tort Law" and the "Interpretation of Several Issues in the Application of Law in the Trial of Personal Tort Cases by the Supreme People's Court", compensation for mental damages can be required in medical accidents.

A medical malpractice compensation agreement is an instrument of a medical pact compensation agreement reached between a medical institution and a patient.

I. Medical accident compensation agreement should include the following:

1. The parties to the medical accident compensation agreement, that is, the medical institution and the affected party; 2. The basic situation of the patient; 3. The medical accident level jointly recognized by the two parties; 4. The cause of the medical accident; 5. The amount of compensation; 6. The compensation Payment time; 7, liability for breach of contract, etc.

Defining medical accident levels

The level of medical accidents is a key factor in determining the amount of compensation for medical institutions and patients. Therefore, when signing a medical accident compensation agreement, both parties must have a clear grade appraisal of the medical accident, and the appraisal must be recognized by both parties.

Third, detailed causes of medical accidents

When signing the medical accident compensation agreement, the patient should specify the cause of the medical accident, that is, the medical institution has a fault in the accident, and there is a causal relationship between the fault and the consequences of personal injury.

4. Amount of compensation and payment time

As the core of the medical accident compensation agreement, the compensation amount should be accurate and comprehensive, and justified. The time for payment of compensation should be specifically determined, and it is not appropriate to use the figures of "about, about, about".

V. Liability for breach of contract

The agreement should increase the medical institution's non-payment of compensation overdue, thereby delaying the treatment of the affected party, and the cost of follow-up treatment for the deterioration of the condition shall be borne by the medical institution. Or settle payment through legal channels.

In summary, the conclusion of a medical accident compensation agreement must comply with the Medical Accident Management Regulations and other relevant regulations.