Chapter I Determination of Legal Relationship of Medical Malpractice

1. What is the relationship between medical institutions and patients?

Second, in practice, how to determine that the relationship between medical institutions and patients has actually formed?

Third, how to deal with medical accidents?

4. What basic principles should be followed in handling medical accidents?

Five, how to constitute a medical accident?

6. Who can create medical accidents?

Seven, how to determine that the behavior of the perpetrator of medical accident is illegal?

Eight, what is the fault of medical malpractice?

9. What are the main faults of medical institutions?

X. What are the main manifestations of medical staff's negligence?

XI。 What omissions can constitute medical malpractice?

12. What are the intentional behaviors of medical staff?

13. What are the consequences of damage caused to patients in medical accidents?

Fourteen, how to determine the causal relationship between illegal acts and damage consequences in medical accidents?

Chapter II Cases Not Belonging to Medical Accidents

First, what is not a medical accident?

Two, in an emergency to save the lives of patients with adverse consequences, does not belong to the medical accident.

Three, in medical activities due to the patient's abnormal condition or the patient's special physique and medical accidents, do not belong to medical accidents.

Four, the existing medical science and technology can not be foreseen or prevented, does not belong to medical accidents.

Five, the infection caused by the doctor's fault-free blood transfusion is not a medical accident.

Six, because of the patient's own reasons lead to adverse consequences, does not belong to the medical accident.

Seven, the adverse consequences caused by force majeure do not belong to medical accidents, but in some cases, the hospital should also bear the responsibility.

Chapter III Classification of Medical Accidents

First, why should medical accidents be classified?

Second, the basis of medical malpractice classification

Three, medical accidents can be divided into several levels?

Fourth, the identification of medical accidents

V. Identification of two medical accidents

(1) What are secondary and primary medical accidents?

(2) What are the secondary medical accidents?

(3) What are secondary and tertiary medical accidents?

(4) What are the secondary medical accidents?

Identification of six or three medical accidents

(1) What is a Class III medical accident?

(2) What are the three-level and two-level medical accidents?

(3) What are Class III and Class III medical accidents?

4. What is the content and form of the application submitted by the patient to the health administrative department?

Verb (abbreviation of verb) What is the administrative procedure of the county-level health administrative department where the medical institution is located?

Six, what are the main contents of the administrative department of health review?

Seven, by the administrative department of health mediation, what are the contents of mediation?

8. What should I do if I refuse to accept the result of administrative mediation or go back on my word?

9. What is the meaning of administrative punishment for medical malpractice?

X. Measures for administrative punishment of medical malpractice in medical institutions

Eleven, the administrative department of health should be given a warning and ordered to make corrections within a time limit.

Twelve, medical institutions in violation of the law should be subject to administrative punishment.

Thirteen, how to punish accepting benefits and issuing false medical malpractice identification?

Fourteen, medical institutions to undertake the task of autopsy, without justifiable reasons to refuse the administrative punishment of autopsy.

Chapter VI Civil Relief for Medical Accidents

1. What are the civil remedies for medical malpractice disputes?

Second, what are the contents of the agreement between doctors and patients to solve the accident compensation through consultation in medical accidents?

3. Who can be the plaintiff in the dispute over medical malpractice damages?

4. Who can be called the defendant in the lawsuit of medical malpractice damages?

5. What is the statute of limitations for medical malpractice damages litigation?

6. Who should pay for medical malpractice compensation? How about the terms of payment?

Seven, patients need follow-up treatment or rehabilitation treatment due to medical accident damage, whether the follow-up treatment costs are settled in one lump sum? Should the rehabilitation expenses be borne by medical institutions?

8. What are the compensation items for medical accidents?

Chapter VII Criminal Relief for Medical Accidents

First, what is the criminal relief of medical malpractice?

Second, the steps for patients to seek criminal relief

Third, the jurisdiction of filing a case in the criminal relief of medical accidents.

Four, the trial jurisdiction in the criminal relief of medical malpractice

Five, what is the criminal incidental civil action?

Six, in the process of handling medical accidents, the health administrative department staff may bear what criminal responsibility?

7. What kind of legal liability may the technical appraiser of medical accident bear if he issues a false appraisal?

Eight, what is the crime of medical malpractice?

9. What is the crime of illegal medical practice?

X. what legal responsibility should I bear for disturbing medical order?

Chapter VIII Evidence Collection and Burden of Proof of Medical Accident Compensation

1. What is the evidence of medical accident compensation?

2. What do medical institutions need to prove?

3. What does the patient need to prove?

4. How do patients obtain medical records held by medical institutions?

Five, when a medical accident occurs, how to seal, unseal and keep medical records?

Six, after the death of the patient's body, what should the patient's family pay attention to?

Chapter IX Calculation and Standard of Compensation for Medical Accidents

1. What is the calculation formula and standard of medical expenses?

2. What are the calculation methods and standards for lost time?

3. What are the calculation methods and standards of the hospitalization food allowance?

4. What is the calculation method and standard of the escort fee?

What is the calculation method and standard of disability living allowance?

6. What is the calculation method and standard of disability appliance fee?

7. What is the formula and standard for calculating funeral expenses? "

8. What are the calculation methods and standards for the living expenses of the dependents?

9. What are the calculation methods and standards of transportation expenses?

X. What are the calculation methods and standards of accommodation fees?

XI。 What is the calculation method and standard of nutrition fee?

12. What are the calculation methods and standards of death compensation?

13. What are the calculation methods and standards for compensation for mental damage?

appendix

Regulations on Handling Medical Accidents (April 4, 2002)

Interim Measures for Technical Appraisal of Medical Accidents (July 3, 20021)

Classification standard of medical accidents (for trial implementation) (July 3, 20021)

Provisions on the Management of Medical Records in Medical Institutions (August 2, 2002)

Provisions on Reporting System of Major Medical Negligence and Medical Accidents (August 2002.16)

Notice of the Supreme People's Court on Trial of Civil Cases of Medical Disputes with Reference to Regulations on Handling Medical Accidents (2003.438+0.6)

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Excerpt) (2003+02.26)

The Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort (Excerpt) (200 1.3.8)