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How to compensate for hospital misdiagnosis?
Hello!
The prerequisite for applying for compensation is that a medical accident has occurred. Generally, hospitals have medical accident appraisal committees. You should first apply for accident appraisal with your family members’ cases. If you are not satisfied with the appraisal conclusion, you can go through the following three methods: There are two ways to seek a solution: first, the patient can apply to the health administrative department of the district or county where the hospital is located for a medical accident appraisal, and then the department will transfer it to the medical association of the district where the hospital is located for the first appraisal; secondly, the patient can also file a lawsuit with the people's court where the hospital is located. Litigation, and then the people's court entrusts the medical association in the district where the hospital is located to conduct the first appraisal; thirdly, both the doctor and the patient can also mutually entrust in writing the medical association responsible for organizing the first technical appraisal of medical malpractice and submit an application for technical appraisal of medical malpractice. Among them, the fee for applying for a medical accident appraisal is 3,000 yuan, which is paid in advance by the applicant (and ultimately paid by the person responsible for the accident). From the issuance of the acceptance notice to the issuance of the medical accident technical appraisal certificate, the entire process was completed within 45 days.
Next it’s time to talk about the identification process. The process mainly includes: both doctors and patients submit appraisal materials, organize an expert appraisal team, hold an appraisal meeting, experts discuss and form appraisal conclusions, and issue a medical accident technical appraisal conclusion letter (both doctors and patients each hold one copy). Among them, what both doctors and patients are most concerned about is the composition of the expert appraisal team. According to relevant departments of the Beijing Medical Association, this organization is a medical association that determines the composition and number of expert appraisal teams from an expert database based on the disciplines and specialties involved in medical malpractice disputes, and then the doctors and patients randomly select a list of experts. The parties cannot Appoint experts or lawyers to conduct appraisals or audits.
If the patient or the hospital is dissatisfied with the conclusion of the first appraisal, they can apply for re- appraisal to the health administrative department or the people's court where the medical institution is located within 15 days from the date of receipt of the conclusion of the first appraisal. The above-mentioned departments will hand over or entrust the Beijing Medical Association to organize a re-evaluation of the medical accident technology. The cost of the re-evaluation is 3,500 yuan, which will still be paid in advance by the applicant. The time limit for re-identification is also 45 working days. Finally, the judicial department proposes solutions to the medical malpractice based on the appraisal results, and at the same time negotiates financial compensation for the injured party until a judgment is made.
There are clear regulations on the compensation standards for medical malpractice. If you cannot reach an agreement through negotiation, the court will make a ruling based on the standards. The surgery fee of 30,000 yuan will definitely be compensated.
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