Medical fraud is a fraudulent act in the process of medical service, which infringes the personal and property rights of patients. In a narrow sense, medical fraud refers to all kinds of behaviors that medical personnel or medical institutions use medical professional knowledge and technology to put the highest health value on specific natural persons, and the main body of its implementation is generally medical personnel of medical institutions. As a holistic work, medical fraud in a broad sense includes not only the medical behavior of medical staff, but also the management and logistics services related to the former carried out by other staff in medical institutions. Accordingly, medical fraud can be defined as: in the process of providing medical services, medical institutions and their staff deliberately adopt fictional facts or conceal the truth, so that patients have a wrong understanding and accept their medical services. If you ask for compensation, then the parties need to prove it. According to some provisions of the Supreme People's Court's Rules of Evidence in Civil Procedure, the distribution of burden of proof in disputes between doctors and patients is inversion of responsibility. Specifically, patients should submit relevant evidence materials such as the fact that they were treated in the hospital, the losses they suffered and the specific amount, and the hospital should bear enough evidence to prove that there is no fault or negligence in the process of providing medical services to patients. Otherwise, the hospital will be liable for the economic losses and mental damage caused to patients.
To sum up, you can claim compensation in case of medical fraud.
Legal basis: Regulations on Prevention and Handling of Medical Disputes
Article 40 Where both doctors and patients apply for administrative mediation of medical disputes, they shall refer to the provisions of the first and second paragraphs of Article 31 of these Regulations to apply to the competent health department of the people's government at the county level where the medical dispute occurred.
Article 46 of the Regulations on the Handling of Medical Accidents, in case of civil liability disputes such as compensation for medical accidents, both doctors and patients can settle them through consultation; Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.