Whether this case belongs to misdiagnosis or medical malpractice depends on the conclusion of medical malpractice appraisal. Any disease has a natural outcome, which will aggravate the condition over time. For example, a baby's cold will turn into pneumonia if it is not properly taken care of. If the doctor had diagnosed a cold the first time he went to the hospital, he would not have misdiagnosed it. Here is an easy-to-understand example. In fact, as a disease that has not been completely overcome by human beings, the diagnosis of cancer is much more complicated than cold pneumonia, and many pathological mechanisms are still unclear, involving not only scientific knowledge, but also the personal experience of doctors. "In other hospitals, doctors say that lung cancer can be diagnosed with the first CT image", which is also a matter of doctors' personal experience, indicating the possibility of misdiagnosis. However, whether it is misdiagnosed or not should not be determined by the words of individual doctors, but should be based on the conclusions of the appraisal center under the health administrative department.
2. "Even if the re-appraisal result still does not constitute a medical accident, the patient's family still has the right to sue for compensation, because the hospital obviously has medical faults."
I want to correct one point here. Whether there is a medical error or not is based on whether it is misdiagnosed. You can't assume that there is a causal relationship just because things are in chronological order, let alone because of the words of several doctors in other hospitals.
3. "If it is identified as a medical accident, the patient can ask for more, and this is the only difference."
Here, I also want to correct that when prosecuting on the grounds of "infringement of personal rights", the compensation obtained is often more than that obtained by prosecuting "medical malpractice", not less. Because the compensation for mental damage of medical accidents is: "calculated according to the average annual living expenses of residents in the place where medical accidents occur." The compensation for mental damage in tort litigation is calculated by "per capita disposable income". Living expenses and income are two different concepts, the former is smaller than the latter.
4 constitute a medical accident, according to the corresponding level of medical accident compensation; If it does not constitute a medical accident, it shall claim compensation in accordance with the tort liability of infringing citizens' right to life and health in the General Principles of the Civil Law.
This also needs to be corrected. Simply put, you can sue for infringement, but you won't win. The court's decision should also be justified. The judge doesn't understand medicine, and he thinks that the most critical evidence of misdiagnosis is "expert conclusion". It just means that when a medical accident is established, when you take this appraisal conclusion to the hospital for compensation, you get less compensation, while when you take the same appraisal conclusion to the court for compensation, you get more compensation.
5. What should you do?
Continue to identify. Only when the appraisal report finds that the hospital is at fault, even if it is partial fault, can it get partial compensation. If the appraisal conclusion shows that the hospital is not at fault, even if you take this report to court, the judge will eventually give symbolic compensation.
Academics generally believe that hospital misdiagnosis is a normal phenomenon based on the high complexity of pathology. If misdiagnosis causes personal injury or mental damage, it is bound to violate the basic value of law to let the hospital unconditionally bear the liability for compensation and completely let the hospital bear the medical risks. Not all misdiagnosis needs to bear legal responsibility. Only when the hospital is at fault, that is, it is seriously irresponsible, which exceeds people's expected possibility and violates the due duty of care as a doctor, resulting in unnecessary misdiagnosis, it is necessary to investigate the responsibility.
My answer may have caused you a psychological gap. Lawyers may trick you into suing or something in order to earn agency fees. Only when we know the truth of the matter will we not lose our wives and soldiers.