1. Do you need a lawyer for medical malpractice mediation?
Whether a lawyer is needed for medical malpractice mediation depends on the request of the parties. If the parties can handle relevant legal affairs, there is no need to hire a lawyer. A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties. Lawyers must pass the legal professional qualification examination and obtain the lawyer's practice certificate according to law before they can practice. According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers; According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers; According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
Second, the "Regulations on the Handling of Medical Accidents" on the handling procedures of medical accidents
Fifteenth medical institutions and their medical staff should immediately take effective measures to avoid or reduce the damage to the health of patients and prevent the damage from expanding.
Article 16
When a medical malpractice dispute occurs, the discussion records of death cases, difficult cases, superior doctors' rounds, consultation opinions, and course records shall be sealed and unsealed in the presence of both doctors and patients. Sealed medical records can be copied and kept by medical institutions.
Article 17
Suspected blood transfusion, blood transfusion, injection, drugs and other adverse consequences, both doctors and patients should * * * seal and unseal the on-site physical objects, and the sealed on-site physical objects shall be kept by medical institutions; If inspection is needed, both parties shall jointly entrust an inspection agency with inspection qualification according to law to conduct inspection; When both parties cannot make an appointment, it shall be designated by the administrative department of health.
If it is suspected that blood transfusion will cause adverse consequences and it is necessary to seal up blood, the medical institution shall notify the blood collection and supply institution that provides blood to send personnel to be present.
Article 18
If the patient dies and neither doctor nor patient can determine the cause of death or disagree with it, an autopsy shall be conducted within 48 hours after the death of the patient; It can be extended to 7 days if it meets the requirements for cryopreservation of corpses. Autopsy shall be approved and signed by the close relatives of the deceased.
Autopsy should be carried out by pathological anatomy institutions and professional and technical personnel who have obtained corresponding qualifications in accordance with relevant state regulations. Institutions undertaking autopsy tasks and professional technicians of pathological anatomy have the obligation to conduct autopsy.
Both parties to the medical malpractice dispute may invite forensic doctors to participate in the autopsy, or designate representatives to observe the autopsy process. If the autopsy is refused or delayed for more than the specified time, which affects the determination of the cause of death, the party who refuses or delays shall bear the responsibility.
Article 19
If a patient dies in a medical institution, he shall immediately move the body to the morgue. Under normal circumstances, the corpse should not be stored for more than 2 weeks. If the corpse is not disposed of within the time limit, it shall be disposed of by the medical institution in accordance with the regulations after being approved by the health administrative department where the medical institution is located, and reported to the public security department at the same level for the record.
Lawyers can provide relevant legal service opinions on the handling of medical accidents according to their own understanding of the application of relevant laws. In addition, when making compensation, the level of medical malpractice needs to be determined by the judicial expertise department, and lawyers can also provide relevant materials for processing, depending on the actual situation.