In the process of medical treatment, there are medical malpractice, ways for patients and their families to protect their rights, and matters that need attention.
1. Definition of medical malpractice.
According to the Regulations on the Handling of Medical Accidents, medical accidents refer to accidents in which medical institutions and their medical personnel violate laws, administrative regulations, departmental rules, etc., in violation of laws, administrative regulations, departmental rules, etc., and cause personal injury to patients due to negligence.
2. Compensation standards for medical malpractice.
According to the Regulations on the Handling of Medical Accidents, the compensation standards for medical accidents are as follows:
1.Medical expenses: determined according to the receipt vouchers for medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.
2.Lost time pay: Determined based on the victim's lost time and income.
3.Nursing fee: Determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.
4.Transportation expenses: Calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**.
5.Hospitalization meal subsidy: It shall be determined with reference to the standard of business trip meal subsidy for general staff of local state organs.
6.Nutrition expenses: Determined based on the victim's disability with reference to the opinions of medical institutions.
7.Solatium for moral damages: It is determined based on factors such as the degree of disability of the victim and the degree of fault of the hospital.
3. Ways to protect rights.
In the aftermath of a medical malpractice, patients and their families can defend their rights in the following ways:
1.Negotiate with the hospital: Patients and their families can negotiate with the hospital to reach a settlement agreement. This is quicker, but it may not protect the patient's rights.
2.Complaints to the health authorities: Patients and their families can complain to the local health authorities for mediation. This is more formal, but it may take some time.
3.File a lawsuit: Patients and their families can file a lawsuit in court to demand compensation from the hospital. This method is more authoritative, but it requires a certain amount of legal knowledge and expense.
Fourth, matters needing attention.
In the process of rights protection, the following matters need to be noted:
1.Preserve evidence in a timely manner: After a medical accident occurs, patients and their families should keep evidence in a timely manner, including medical records, diagnosis certificates, medical expense receipts, etc. This evidence is important for subsequent processing.
2.Choose the appropriate way to protect their rights: Patients and their families should choose the appropriate way to protect their rights according to the actual situation, which can be resolved through negotiation with the hospital, or they can complain to the health administrative department or file a lawsuit.
3.Understand the relevant laws and regulations: Patients and their families should understand the relevant laws, regulations and regulations, so that they can better protect their rights and interests in the process of protecting their rights.
4.Seek professional legal assistance: Patients and their families can seek professional legal assistance to better protect their rights and interests if legal proceedings such as litigation are required.