You can't win a general medical lawsuit. In fact, there are still some people in life who are not clear about medical accidents. In fact, medical accidents are basically the fault of the hospital, which leads to serious injuries to patients. Therefore, such accidents usually need to be resolved through consultation at the first time. The following medical lawsuits will generally not win.
Medical litigation is generally unsuccessful 1. 1. What do you think is the reason why medical lawsuits are generally unsuccessful?
1, the strength of the two sides is very different: the hospital background is too strong, and the patients are weak as individuals.
2, the professional gap between the two sides is too big: doctors are clinical medical graduates, talking about medicine, the vast majority of patients know nothing about medicine, no matter how you study, it is better than full-time clinical graduates studying hard for 7 years. How to analyze medical records? How to find the fault problem? Many people lost in the first place.
3. I don't know about medical records: medical records are in the hands of hospitals, especially in the era of electronic medical records, and tampering with medical records can no longer be seen from printed paper medical records, which are the core materials for identification. Patients who don't know how to copy and seal medical records at the first time and how to cross-examine the authenticity of medical records in court can sometimes only suffer from dumb losses.
4. The appraisal of medical associations is biased towards hospitals: the experts of medical associations are all from the same department of other brother hospitals in the same city. You judge me this year, and I will judge you tomorrow, giving people a feeling that they are naturally biased towards the hospital.
5. There are awesome lawyers in the hospital, who go to court all the year round and have many routines. Patients usually go to court for the first time in their lives. They don't know where to find reliable lawyers, and they don't know how many pits to avoid in the process of litigation. People with big hearts don't even ask lawyers, and the gap between the enemy's weapons and equipment is obvious!
6. There is always a great god around me who tells us that you can't win, you can't win, you can't win, you can't win … and then you lose heart!
To sum up, people who can't win medical lawsuits always have suits for them. ...
Second, will medical litigation generally not win? Yes, it isn't! The key depends on how you fight!
So is it generally impossible to win a medical lawsuit? Of course, it is necessary to analyze specific problems. Generally speaking, it boils down to one sentence-you can win if you go the right way!
1, find the right direction to win.
First of all, you should know that there are two reasons to deal with medical disputes in law, one is medical service contract disputes, and the other is medical damage liability disputes. The former applies contract law to investigate the liability of medical institutions for breach of contract, while the latter applies tort liability law to investigate the responsibility of medical institutions for infringing patients' right to body, health and life, which belongs to fault liability. Under what circumstances, it is necessary to make professional analysis to advocate medical service contract disputes and medical damage liability disputes.
2. Lock the evidence to win.
When a medical dispute occurs, the on-site evidence must be locked as soon as possible;
For example, when the patient is allergic to infusion, the liquid and infusion set should be sealed at the first time;
For another example, when the patient's condition suddenly changes but is not handled at the scene, but it is found that there are relevant records afterwards, it is necessary to call the police at the first time to retrieve the surveillance video of the adjacent period for later verification;
If suspicious behavior of copying medical records is found, how to lock the suspicious medical records in the first place requires the parties to respond and deal with them quickly. Only those who have really experienced it will have the opportunity to lock these most important evidences for future litigation!
Only by following the correct procedure can you win.
When I lost the first trial, a client came to me to represent me. I recognized the authenticity of the medical records provided by the defendant as soon as I saw that the parties in the transcript of the first instance actually came up. I have neither raised any objection to the obvious contradiction, nor applied to the court for important evidence such as electronic medical records.
Or deny the authenticity of all medical records, refuse to identify, just put forward their own ideas, without any evidence to support. The former is equivalent to directly giving up the right of cross-examination, while the latter lacks the minimum respect for the law, and the result of losing the case can be said to be expected.
What is even more frightening is that in the case that the rights of the parties have been protected in the first instance, the second instance will re-apply for evidence collection or appraisal, which is likely to be rejected because the procedure has passed. Only by hard work can it be sent back to give you another chance to identify, but the high lawyer's fees and a lot of precious time in the first instance are gone forever. ...
Please find the right lawyer to win.
Lawyers who haven't done medical cases won't help you avoid all kinds of routines everywhere, because even if they want to help you, they can't see the designed pits (for example, hospitals claim that their medical records are printed under the eyes of patients when they cross-examine);
Lawyers who don't know the medical profession and don't have the support of the medical expert group will not help you find the fatal point of the defendant. Those standard questions (such as inadequate nursing, inadequate monitoring, excessive dosage, etc.). ) it will be easy for the appraisal institution to realize that this is an easy-to-reconcile party, at least when the appraisers appear in court for trial in the future, they will not be afraid of being asked by the plaintiff.
Lawyers who can only go through procedures can go through many cases at the same time. Without the support of the professional belief that "you represent not a case, but the life of the client", I am afraid any result will be calm.
You can't win a general medical lawsuit. 1. What department can I find to solve the medical accident?
1. After medical disputes are settled through consultation between doctors and patients, the doctors and patients communicate with each other, and after reaching an understanding, they sign a mediation agreement, which is usually called "reconciliation". Because medical disputes between doctors and patients are essentially equal civil disputes between doctors and patients.
According to the principle of autonomy of will in civil law, both doctors and patients can solve it through consultation. It should be noted that the settlement must be based on the complete voluntariness of both parties, and neither party nor the third party may force the other party to accept the negotiated settlement.
At the same time, reconciliation must adhere to the principle of legality, that is, it must not violate the relevant provisions of laws and regulations and harm the legitimate rights and interests of the state, the collective or others, otherwise the agreement reached will be invalid.
2. The administrative department of health mediates and resolves medical disputes. As a third party, the health administrative department participates in doctor-patient mediation. In practice, the health administrative department, as the administrative organ and the competent department of the industry, plays an important role in the mediation of medical disputes, and many medical disputes are solved through mediation.
3, litigation mediation to solve medical disputes after entering the proceedings, organized by the court, the parties to the medical dispute voluntarily agreed to mediation.
Second, is there a difference between medical disputes and medical accidents?
Medical disputes include medical accidents, medical errors, medical accidents, complications, product quality and natural outcome of diseases, and medical accidents are the main components. In many medical accidents, the factors that cause personal injury to patients are not just some unforeseen medical risk factors.
The negligence of medical staff is still the main factor. How to avoid these risk factors, the key is medical staff. In the real doctor-patient relationship, due to the lack of medical knowledge, the treatment plan is completely formulated and implemented by the doctor unilaterally, and the patient is only in a passive position, and often only cooperates with the examination and treatment according to the requirements of medical staff.
Sometimes even in a state of unconsciousness, coma and even lack of cooperation, medical staff are allowed to carry out medical treatment. Therefore, the responsibility of medical personnel in the medical process is very important. Any slight negligence may lead to serious medical damage. How to be responsible and avoid negligence lies in endless duty of care.
Three, the medical accident identification application time
1. Once a medical dispute occurs, patients and their families have the right to put forward the appraisal of the medical accident or incident within 1 year after the accident or incident causes adverse consequences.
2. If the patient dies, his family members shall identify the medical accident or incident within 15 days after the death of the patient or after receiving the autopsy report. Among them, the application for autopsy should be made within 48 hours after the death of the patient and carried out by the pathological anatomy department designated by the local health bureau.
3. If both parties to a medical dispute are dissatisfied with the appraisal conclusion of the first medical accident technical appraisal committee, they may apply to the medical accident technical appraisal committee of the province, autonomous region or municipality directly under the Central Government for appraisal within 15 days from the date of receiving the appraisal conclusion. If you are dissatisfied with the appraisal conclusion of the technical appraisal committee of medical accidents in provinces, autonomous regions and municipalities directly under the Central Government, you may bring a lawsuit to the people's court within 15 days from the date of receiving the appraisal conclusion.
4. If both parties have no objection to the appraisal conclusion, they can negotiate on the treatment plan; If negotiation fails, either party may apply to the county or medical university for handling.
You can't win a general medical lawsuit. 1. Which department can I find to handle disputes arising from medical accidents?
Disputes arising from medical accidents can be handled by local health administrative departments.
Regulations on the handling of medical accidents
Thirteenth medical personnel in medical activities found medical accidents, medical negligence or may lead to medical accidents or medical disputes, it should immediately report to the head of the department.
The person in charge of the department shall promptly report to the department or full-time (part-time) staff responsible for monitoring the quality of medical services in this medical institution; After receiving the report, the department or full-time (part-time) staff responsible for monitoring the quality of medical services shall immediately investigate and verify, truthfully report the relevant situation to the person in charge of the medical institution, and inform and explain to the patients.
Article 14 In the event of a medical accident, a medical institution shall report to the local health administrative department in accordance with regulations.
In case of the following major medical negligence, the medical institution shall report to the local health administrative department within 12 hours:
(1) A medical accident that leads to the death of the patient or may be above Grade II;
(2) Causing personal injury to three or more persons;
(3) Other circumstances stipulated by the health administrative department of the State Council and the health administrative department of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
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.
Seventeenth suspected of infusion, blood transfusion, injection, drug abuse 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.
Eighteenth patients died, doctors and patients can not determine the cause of death or have objections to the cause of death, it should be raised 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 mortuary. 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.
Second, how long does it take for the technical appraisal of medical accidents?
Regulations on the handling of medical accidents
Article 29 The medical association responsible for organizing the technical appraisal of medical malpractice shall organize the appraisal and issue a technical appraisal of medical malpractice within 45 days from the date of receiving the materials, written statements and defenses submitted by the parties concerned.
The medical association responsible for organizing the technical appraisal of medical accidents may investigate and collect evidence from both parties.
It can be seen that the health administrative department has the right to deal with medical malpractice, but the infringement of medical malpractice is special, on the one hand, it involves very professional medical knowledge, on the other hand, many important evidences are held by hospitals, so patients need to hire lawyers when dealing with medical malpractice disputes.