Prosecuting hospital process

Legal analysis: 1. Go to the hospital to seal the medical records at the first time to prevent them from being modified. If instruments are involved, they also need to be sealed. Before sealing, copy the medical records, especially the informed consent form you signed before the operation, and leave the phone number of the hospital complaint department.

2. Find a lawyer or neurosurgeon friend who specializes in handling medical disputes, check the mistakes in the medical records, and preliminarily judge the chances of winning the case. After all, it is a complex and highly medical and legal problem to determine whether the hospital is at fault. We all know that modern medicine can't cure all diseases, can't make all the problems clear, and may not even have a correct diagnosis, so you can't sue the hospital because you haven't got the correct diagnosis or satisfactory curative effect.

3. If the hospital has obvious problems, you can negotiate with the hospital first, but some hospitals will not agree. If you go to the hospital to negotiate, record the conversation with anyone. Maybe the doctor accidentally admitted some problems orally, which will be very valuable evidence. From now on, we must have a high sense of evidence. The formal procedure for consulting a hospital is that you write a written complaint first, and the hospital may give a written reply within 1 month. Most of the answers are refusing to admit any mistakes, but the contents of this written defense can provide lawyers with the main direction.

When you need a formal lawsuit, you'd better find a professional lawyer to represent you. The cause of prosecution should never be investigated for medical malpractice, but should be prosecuted according to medical damage and the latest law. After the case is accepted, it must be appraised. The hospital should apply for medical malpractice appraisal, and you should apply for medical fault judicial appraisal, which is the most critical part of winning the whole case. Don't be afraid if the medical malpractice appraisal fails, it will generally fail. Let your lawyer try to convince the court of the conclusion of judicial expertise, which is generally fair and just. If the judicial expertise does not think that the hospital is at fault, or doctors in the same industry think that the hospital is not at fault, in this case, the hospital usually encounters technical problems. After all, doctors are not omnipotent. At present, the services provided by domestic hospitals are not the most advanced. Only when you are sure can you go to court.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 179 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Article 180 If the same tort causes multiple deaths, the same amount of death compensation may be determined.

Article 181 If an infringer dies, his close relatives have the right to request the infringer to bear tort liability. The infringed is an organization, which is divided or merged, and the organization that inherits the rights has the right to request the infringer to bear the tort liability. If the infringed dies, the person who paid the reasonable expenses such as medical expenses and funeral expenses of the infringed has the right to claim compensation from the infringed, unless the infringed has paid the expenses.