1. Choice of cause of action

The patient can choose to file a lawsuit for civil compensation for medical infringement or a lawsuit for medical technical service contract dispute.

Doctors can only file lawsuits over medical technical service contract disputes.

2. Acceptance conditions

(1). There is a doctor-patient relationship; (2). The medical behavior is illegal or in violation of regulations; (3). The patient has harmful consequences; (4). There is a causal relationship between medical violations and violations and the patient's damage; (5). The patient suffers economic losses; (6) Within the statute of limitations.

3. Materials and evidence that the parties should submit

Medical information (including outpatient, emergency, and hospitalization history, various test application forms, medical expense list, injection certificate, and external prescriptions) ), nursing care certificate, work loss and income certificate, transportation expense receipt, accommodation expense receipt, funeral expense receipt, support/support/support certificate, disability equipment certificate, identity and kinship certificate (except for public trust evidence).

First-instance procedure

1. Jurisdictional court

If the patient files a medical tort lawsuit or a medical technical service contract lawsuit, the court where the medical institution is located shall have jurisdiction.

If a medical party files a lawsuit over a medical technical service contract, it can choose the jurisdiction of the court where the patient is located or where the medical party is located.

2. Preservation of evidence

In order to prevent medical institutions from forging, concealing, tampering, or destroying medical records or preventing the loss of corpses, test specimens, etc., or to access and copy the evidence involved in the case, before filing a civil lawsuit When the case arises, the lawyer shall assist the client in filing an application for evidence preservation and retrieval to the court.

3. Evidence exchange and cross-examination

⑴ Review whether the medical history data is complete; ⑵ Review whether the writing of medical history data complies with the "Rules for Writing Medical History"; ⑶ Decide whether to apply for judicial document inspection and appraisal; ⑷ Determine whether there is a situation where identification cannot be performed.

4. Identification of behavioral capacity

For medical-patient disputes involving mental illness or patients who are unconscious, when filing civil lawsuits, lawyers should assist the parties to file a case of behavioral capacity with the court. Apply for forensic identification and provide relevant identification materials

5. Forensic document inspection and identification

The medical history information or other evidence has been forged, altered, added, or otherwise violated the "Rules for Writing Medical History" , the lawyer should assist the client to file an application for judicial document inspection and appraisal with the court. Document inspection and appraisal items generally include: signature handwriting appraisal, continuous writing handwriting appraisal, addition, tampering, and alteration handwriting appraisal, etc.

6. Courts entrust medical malpractice technical appraisals

In doctor-patient dispute cases involving medical malpractice disputes, courts generally entrust medical associations to organize medical malpractice technical appraisals. If the client is dissatisfied with the first appraisal report, the lawyer shall assist the client to file an application for re-authentication with the court within 15 days from the date of receipt of the appraisal report. If the first or second appraisal opinions are flawed or defective, the lawyer can assist the party to file a supplementary appraisal with the court for the defective or defective part of the appraisal opinion. Compared with the technical appraisal of medical malpractice entrusted by the parties before litigation, the appraisal entrusted by the court can discover problems in the inspection materials in a timely manner.

7. Fault and Causality Appraisal Procedure

Generally, when the appraisal conclusion does not constitute a medical accident or even though it constitutes a medical accident, the appraisal opinion is too narrow in determining the scope of fault, and at the same time Through cross-examination, it was found that the appraisal opinion conflicted with the objective facts of the case, diagnosis and treatment standards, routines, etc., and a procedure was initiated to request the internal appraisal agency of the judicial authority to conduct an appraisal.

8. Disability Level Appraisal Procedure

In order to prove the scope of economic compensation involved in the actual damage to the patient, it is established in accordance with the "General Principles of Civil Law", "Regulations on the Handling of Medical Accidents" and other provisions An appraisal procedure initiated by application to the court.

9. Nutrition period identification procedure

Regardless of whether the adverse reaction constitutes a disability level, the adverse reaction occurs due to the patient's use of medical meals during hospitalization or nutritional conditioning after discharge. The cost calculation period must be determined by the appraisal department based on the specific adverse consequences.

10. Nursing period appraisal procedure

If an adverse reaction occurs, regardless of whether it constitutes a disability level, and the adverse reaction causes the patient to partially or completely lose the ability to take care of himself and must rely on daily nursing care, the patient shall be The duration of care shall be appraised by the appraisal department.

11. Medical dependence identification procedure

For patients who are disabled due to medical negligence, continued treatment is required to maintain or restore physiological functions of tissues and organs and nursing, drug or other medical treatments have been formed. If dependent, the duration and cost of medical dependence shall be determined through identification and evaluation by a judicial appraisal agency.

Second-instance procedure

1. Reasons for filing

(1) Dissatisfaction with the facts found in the first-instance judgment;

(2) There are new The evidence is sufficient to overturn the first-instance judgment;

(3) It is believed that the first-instance judgment violated legal procedures, such as giving the parties sufficient identification rights;

(4) Other reasons.

2. Time for filing

(1) If you are not satisfied with the first-instance judgment, you must submit an appeal to the first-instance court or the second-instance court within fifteen days from the date of delivery of the judgment;

(2) If you are dissatisfied with the first-instance ruling, you must submit an appeal to the first-instance court or the second-instance court within fifteen days from the date of delivery of the judgment.

3. Key points of the trial

The facts and reasons for the judgment determined in the first instance must be used as the starting point, and the second instance point of view must be the focus to seek breakthroughs.

Retrial procedure

1. Reasons for filing

(1) There is new evidence that is sufficient to overturn the original effective judgment or ruling;

(2) The main evidence for the determination of facts in the original effective judgment or ruling is insufficient;

(3) The application of law in the original effective judgment or ruling is incorrect;

(4) The original one , the court of second instance violated legal procedures;

(5) Other reasons.

2. Time of filing

Within two years from the date when the judgment or ruling takes effect.