How to identify the fault of Chinese medicine hospital in medical disputes

The following principles can be followed when determining the fault of Chinese medicine hospitals in medical disputes:

1, the law of medical judgment. In other words, if the medical staff have tried their best to meet the professional requirements of attention, knowledge and technical standards when treating patients, even if the medical accident causes adverse consequences, the medical staff will not be responsible.

2. A few rules that can be observed. In other words, when causing medical damage, we can't be sure that it is completely correct, because most people agree to take some treatment measures without taking responsibility;

Nor can we let a few people take responsibility just because the handling methods adopted have been recognized by a few people. As long as the treatment methods adopted by medical staff do not violate their professional standards, they cannot be considered to be at fault.

3, the best judgment rule. That is to say, if the medical level of medical personnel is higher than the standard of the same industry, and medical personnel know that the medical methods required by the general standard are unreasonable and dangerous, the requirements for medical personnel's duty of care are higher than the general standard.

4. Allow risk rules. That is to say, when medical development produces a medical method that can treat diseases that cannot be cured in the past, if this method will have certain side effects, the application of risk rules should be considered when judging the doctor's fault.

Specifically, medical personnel violate medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment norms and routines in the procedures of receiving and transferring, registration and inspection, nursing treatment and diagnosis;

The hospital has carried out some bad behaviors, such as inadequate measures and treatment level, improper measures, negative treatment attitude, delayed opportunity, wrong notification, misdiagnosis and missed diagnosis, fraud, wrong intervention, etc., which are regarded as faults.

However, in the following cases, the hospital is not at fault:

1, taking emergency medical measures to save a dying patient in an emergency, resulting in adverse consequences;

2, in medical activities due to the abnormal condition of the patient or the patient's special physique and medical accidents;

3. Unforeseen or unpredictable adverse consequences under the existing medical science and technology conditions;

4, no-fault blood transfusion infection has adverse consequences;

5. Delaying diagnosis and treatment due to patient's reasons has adverse consequences;

6. Adverse consequences are caused by force majeure.

legal ground

Article 1218 of the Civil Code stipulates that if a patient suffers damage in medical activities and a medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.