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Looking at all medical cases, it is not difficult to find that almost all medical fault cases involve infringement. How to write the complaint of medical fault infringement when the patient encounters medical fault? The following small series brings you a model for writing a complaint of medical fault infringement for your reference.
I. Relevant laws and regulations:
The Regulations on Handling Medical Accidents in 2002 is a departmental regulation, which integrates many things in other health regulations. 10 tort liability law is the first law that introduces the handling of medical disputes into the scope of civil law. Its status is higher than the Regulations on Handling Medical Accidents, and it is a new law. However, its coexistence with the Regulations on Handling Medical Accidents has caused many problems. The draft Regulations on the Prevention and Handling of Medical Disputes was born to replace the Regulations on the Handling of Medical Accidents, so it is basically similar to the contents in the Tort Liability Law. This is the relationship between these three laws and regulations.
Special law is superior to common law, new law is superior to old law, and superior law is superior to subordinate law. All disputes between doctors and patients are not avoidable by this Tort Liability Law.
Chapter VII
Liability for medical damage
Article 54
If the patient is damaged in the diagnosis and treatment activities and the medical institution and its medical staff are at fault, the medical institution shall be liable for compensation.
Article 55
Medical personnel should explain the condition and medical measures to patients in medical activities. If surgery, special examination and special treatment are needed, the medical staff shall promptly explain the medical risks and alternative medical programs to the patients and obtain their written consent; If it is not appropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their written consent. Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
Second, the manifestations of medical fault infringement:
(1) Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions
Special examination and treatment; Refers to the diagnosis and treatment activities under any of the following circumstances:
( 1)
Examination and treatment that are dangerous and may have adverse consequences;
(2)
Examination and treatment that may cause adverse consequences and danger to patients due to their special physique or critical illness;
(3)
Clinical trial examination and treatment;
(4)
Examination and treatment that may cause greater economic burden to patients. )
(2) About the choice of notification object:
According to the law, the first choice we inform is always the patient himself, but it should be noted that the patient himself is a person with full capacity in civil law. In civil law, we usually divide whether we have civil capacity into three categories: people with full civil capacity and people with limited civil capacity (10 years old