1. What is a medical accident?
A medical accident refers to the unhealthy behavior of the main medical staff of a medical institution who, because he or she violates the laws, administrative regulations, departmental rules, and norms and routines of medical and health management, fails to take due measures and the level of treatment or takes improper measures, has a negative attitude toward treatment, delays the opportunity, informs the patient of an error, misdiagnoses and misses a diagnosis, and engages in fraud and wrong intervention, resulting in undue damage to the patient's intelligence and body or delaying treatment The time of treatment results in the aggravation of the disease or the additional loss of life and property resulting from death.
Three conditions must be met to constitute a medical accident:
1. Negligence on the part of medical personnel, including negligence and technical negligence. The former constitutes a liability accident, and the latter constitutes a technical accident. In layman's terms, the former did not do what should have been done, such as the doctor on duty did not go to the patient when he was unwell, and the patient did not receive timely treatment and the condition worsened and caused damage to the accident; The latter is a technical error, such as an accident in which the small intestine was accidentally broken during appendicitis surgery.
2. The patient is damaged. If the negligence of medical personnel does not lead to final damage, but only causes temporary delay, temporary deterioration, pain, and property loss of the patient's condition, it does not belong to a medical accident.
3. There is a causal relationship between the two. When there is a causal relationship between the negligent behavior of the medical staff and the patient's damage, it constitutes a medical accident, including indirect causal relationship, such as thyroid surgery to remove the parathyroid glands, the latter such as intestinal obstruction without timely treatment of small intestinal necrosis, and the death of a patient from a prolonged lung infection due to long-term hospitalization with broad-spectrum antibiotics. However, when there is no causal relationship between negligence and damage, it does not constitute a medical accident, for example, when a diabetic patient is to be transfused with normal saline, glucose fluid without insulin causes blood sugar to rise, but the patient eventually dies of coronary heart disease and heart failure, although the medical staff is negligent, but there is no causal relationship between the two, it does not constitute a medical accident.
1.If a medical accident occurs in a medical institution, the health administrative department shall give a warning according to the level and circumstances of the medical accident: If the circumstances are serious, it shall be ordered to suspend business for rectification within a specified period of time until the practice license is revoked by the department that originally issued the license.
2.Medical personnel who are responsible for the occurrence of medical accidents shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of medical accidents: if it is not sufficient for criminal punishment, they shall be given administrative or disciplinary sanctions according to law.
In addition to the punishment in accordance with the preceding paragraph, the health administrative department may also order the relevant medical personnel who have suffered a medical accident to suspend their practice activities for not less than 6 months but not more than 1 year: if the circumstances are serious, their practice certificates shall be revoked.
Article 46 of the Regulations on the Handling of Medical Accidents In the event of a medical accident compensation or other civil liability disputes, the doctor and the patient may resolve them through negotiation: if they are unwilling to negotiate or fail to reach an agreement, the parties concerned may apply for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.