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 more than 3 people.
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.
Information required for medical malpractice identification:
1, original medical records, such as course records of inpatients, discussion records of death cases, discussion records of difficult cases, consultation opinions, and patient rounds of superior doctors.
2. The original medical records of hospitalized patients, such as hospitalization records, temperature sheets, doctor's orders, laboratory tests (inspection reports), medical image examination data, special inspection consent, operation consent, operation and anesthesia records, pathological data, nursing records, etc.
3, rescue critically ill patients, fill in the original medical records within the prescribed time.
4, sealed indwelling infusion, injection and blood, drugs and other physical objects, or by inspection agencies with inspection qualifications to make inspection reports on these items and physical objects according to law.
5. Other materials related to technical appraisal of medical malpractice.
Extended data
Determination of compensation
After the appraisal result of medical accident comes out, if it is identified as a medical accident, the patient can determine the compensation according to the Regulations on Handling Medical Accidents, but the doctor's responsibility should be determined by considering the causal relationship between the doctor's diagnosis and treatment behavior and the patient's damage consequences. If the patient is diagnosed with terminal cancer, death is an inevitable fact. Although the doctor's mistake in diagnosis and treatment accelerated the patient's death, it is unreasonable to ask the doctor to take full responsibility for the patient's death, and the court will not support it.
Therefore, patients should realistically analyze the degree of the doctor's fault to determine the amount of compensation, so as to avoid blind claims and lead to high litigation costs. More often, the conclusion of medical appraisal is that doctors do not constitute medical malpractice. How should the patient claim compensation in this case? Patients can flexibly apply the General Principles of the Civil Law, the Law on the Protection of Consumers' Rights and Interests and other relevant principles to prove that there are defects in medical behavior and cause personal injury to patients, and file a claim on the grounds of personal injury.
Baidu Encyclopedia-Regulations on Handling Medical Accidents