Legal analysis: whether it is a medical accident should be determined by applying for appraisal. After it is determined that it is a medical accident, the hospital should bear the responsibility. Medical malpractice refers to an accident in which medical institutions and their medical staff violate medical and health management laws, administrative regulations, departmental rules, norms and practices of diagnosis and treatment, and cause personal injury to patients due to negligence.

Legal basis: Regulations on Handling Medical Accidents

Article 27 The expert appraisal team independently conducts technical appraisal of medical malpractice according to medical and health management laws, administrative regulations, departmental rules, norms and practices of diagnosis and treatment and nursing, and uses medical scientific principles and professional knowledge to identify and judge medical malpractice, so as to provide medical basis for handling medical malpractice disputes. No unit or individual may interfere with the technical appraisal of medical accidents, and may not threaten, induce, abuse or beat members of the expert appraisal team. Members of the expert appraisal team shall not accept property or other benefits from both parties.

Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. 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.