1. Is medical malpractice a doctor losing money?
1. Medical malpractice is not that doctors lose money, and doctors generally do not need to lose money in the event of medical malpractice in hospitals.
Article 1218 of the Civil Code.
Where a patient suffers damage in the course of diagnosis and treatment, and the medical institution or its medical personnel are at fault, the medical establishment shall be liable for compensation.
2. Medical malpractice mental damage is generally compensated in monetary terms.
Medical malpractice mental loss fee is the mental compensation that patients should receive in monetary form due to mental trauma suffered by medical malpractice, and it is an important way for medical institutions to bear civil liability for medical malpractice.
The solatium for mental injury is calculated on the basis of the average annual living expenses of the residents in the place where the medical accident occurred. If the death of the patient is caused, the maximum compensation period shall not exceed 6 years; If the patient's disability is caused, the maximum period of compensation shall not exceed 3 years. It should be noted that in judicial practice, if a patient dies, the subject of the request for solatium for mental damage is the patient's family; If the patient is disabled, the claim for compensation shall be made by the patient himself, and his family shall not be entitled to compensation for moral damages.
2. How to deal with medical accidents encountered by patients?
Patients who encounter medical malpractice can negotiate with the medical institution to determine how to deal with it, and of course, they can also file a lawsuit with the court. Specifically, it can take the following ways:
1. Negotiate with medical institutions to solve.
Where the parties voluntarily negotiate with a medical institution to resolve a dispute over compensation for medical accidents, an agreement shall be drafted. The agreement shall clearly state the basic circumstances of both parties and the cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, and the parties shall sign the agreement.
2. Submit an application for mediation to the health administrative department where the medical institution is located.
Where it has been determined that it is a medical malpractice, and the parties and the medical institution are unwilling to negotiate or the negotiation fails, and apply to the health administrative department for mediation, the health administrative department may conduct medical accident compensation mediation. Mediation shall follow the principle of the parties' voluntariness, and the amount of compensation shall be calculated in accordance with the provisions of the Regulations on the Handling of Medical Accidents.
If, after mediation, the two parties reach an agreement on the amount of compensation, a mediation document shall be drafted, and both parties shall perform it; If mediation fails or one party repents after reaching an agreement through mediation, the health administrative department will not mediate.
3. Filing a civil lawsuit with the people's court.
In the event of a medical accident, if the parties are unwilling to negotiate or fail to reach an agreement, they may directly file a civil lawsuit with the people's court with jurisdiction without mediation by the health administrative department, and protect their lawful rights and interests through the court's judgment.
3. Can the compensation be calculated only after the loss of medical malpractice disputes is determined?
It is not that the compensation can be calculated only after the loss of the medical malpractice dispute is determined, and the amount of compensation to be paid can be determined from the following circumstances:
1. The amount of compensation may first be determined by both parties through negotiation.
In the event of a civil liability dispute such as compensation for medical malpractice, the doctor and the patient may resolve it through negotiation; If they are unwilling to negotiate or the negotiation fails, the parties may submit an application for mediation to the health administrative department, or they may directly file a civil lawsuit with the people's court.
Where the parties negotiate to resolve civil liability disputes such as compensation for medical malpractice, an agreement shall be drafted. The agreement shall clearly state the basic circumstances of both parties and the cause of the medical accident, the level of medical accident jointly determined by both parties, and the amount of compensation determined through negotiation, and shall be signed by both parties.
2. For the mediation of medical accidents by the health department, the amount of compensation shall be determined in accordance with the provisions of the Regulations on the Handling of Medical Accidents.
If it has been determined that it is a medical accident, the health administrative department may, at the request of both parties to the medical accident dispute, conduct medical accident compensation mediation. When mediation, the principle of the willingness of both parties shall be followed, and the amount of compensation shall be calculated in accordance with the provisions.