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medical malpractice disputes Maternity due less to send a red envelope anus is sewn to the

merits a 11 o'clock on the morning of February 27, 2010, Liu Shuling in the Tongzhou District Maternal and Child Health Hospital caesarean section. An hour later, notify the nurse, gave birth to a pair of twins, mother and child. Adverse Balance of bad music, and began to excitedly call the good news around. After more than an hour, the nurse again notice maternal get blood transfusions, the need for the families of the signing. Sun Xuefeng start to feel good. The subsequent news that the tension Sun Xuefeng, wife, postpartum hemorrhage, laparotomy, hysterectomy ... until the morning of the 28th, to be notified Maternity dying, subsequently, an ambulance will be Liu Shuling transferred to Luhe Hospital. The medical records show that Liu Shuling in Tongzhou and Child Health Hospital surgery bleeding 9890 ml, equivalent to a 50 kg adult body blood twice. After living for a month in the Lube hospital intensive care unit, Liu Shuling death.

merits of two, July 23, 2010, Shenzhen, a maternal allegedly as a result of not enough to midwives, the red envelope of reprisals, the anus should be midwives seam. The hospital explained the anus is not completely blocked, and midwives with good intentions to help pregnant women to do a free hemorrhoids surgery.

accident identified

these two things is a medical malpractice identified. Medical Malpractice provides medical malpractice medical institutions and medical personnel in medical activities, in violation of health management laws, administrative regulations, departmental rules and medical care norms, practices, negligence in patients with personal injury accident.

liable for damages.

Obviously, medical institutions to assume the liability on the premise that medical personnel are at fault. First, we have the fault of the medical staff identified. The law expressly provides that the fault of the medical staff to identify, summarize the following points:

1, medical personnel in diagnosis and treatment activities not covered to the level of medical clinics obligations, resulting in patient harm;

2, conceal or refuse to provide medical records related to the dispute;

3, forgery, tampering with or destruction of medical records;

4, disclosure of patient privacy or without patient consent to disclose their medical records, resulting in patient harm;

5 of medicines, disinfectants, and medical device defects, or enter a failure of the blood result in patient harm, patients can be provided to producers or blood agencies to request compensation, you can also seek compensation for medical institutions. Patients to seek compensation for medical institutions, medical institutions, compensation, providers recover the right to responsible producers or blood;

6, medical personnel in diagnosis and treatment activities should be to the patients illness and medical measures. The need for surgery, special examinations, special treatment, medical staff should explain to the patients of medical risks, and alternative medical programs, and obtain their written consent; should not be described to patients, should explain to the patient's close relatives, and made its written consent. Medical staff failed to fulfill the above obligations, resulting in patient harm, medical institutions shall be liable for;

7, violation of laws, administrative rules and regulations as well as other diagnostic and treatment practices provisions;

the burden of proof

, medical malpractice compensation

(a) compensation for medical malpractice, should consider the following factors to determine the specific amount of compensation:

1, medical malpractice grade;

2, medical negligence in medical malpractice damage consequences of the degree of responsibility;

, medical malpractice damage the relationship between the outcome in patients with existing disease status.

(b) medical malpractice is divided into four:

a medical malpractice: the cause of death in patients with severe disabilities;

two medical malpractice: cause in patients with moderate disability, organ tissue injury lead to severe dysfunction;

three medical malpractice: cause in patients with mild disability, organ tissue injury lead to general dysfunction;

four medical malpractice: cause in patients with significant personal injury and other consequences.

(c) medical malpractice compensation, calculated in accordance with the following items and standards:

1, medical expenses: In accordance with the medical malpractice personal injury caused by the patient for medical treatment costs, payment credentials, but does not include the medical expenses of the primary disease. Really need to continue treatment after the closing, payable in accordance with the basic medical expenses.

2 paul smith wallets, lost income: patients with a fixed income, according to my calculations, due to loss of working time reduction in fixed income more than three times the ground annual average wage of workers earn more than the medical malpractice occur in accordance with three times the computing; no fixed income, in accordance with medical incidents on the ground a year worker average wage.

3, hospital food subsidies: food subsidy standards in accordance with the general staff of the medical incidents to national authorities on business.

4, the accompanying fee: during hospitalization needed in the special escort of the ground annual average wage of workers, according to medical malpractice.

5, disability living allowance: In accordance with the level of disability, calculated in accordance with the medical incidents residents of the average annual cost of living compensation for 30 years, the longest since the residual set of the month; However, more than 60 years of age, not more than 15 years; more than 70 years of age, not more than five years.

6, disability appliances fees: due to a disability need to configure the apparatus of the compensation function, with medical institutions that, in accordance with the cost of universal apparatus.

, funeral expenses: funeral subsidy standards in accordance with the prescribed medical incidents.

8, dependent for living expenses and artificially limit the ability to work: before the actual loss of the ability of the deceased or disabled dependent, in accordance with their domicile or residence, the minimum living security standard. Dependents to the age of 16, 16 years old. The age of 16 but without the ability to work, dependents 20 years; however, more than 60 years of age, not more than 15 years; more than 70 years of age, not exceeding five years.

In 9

ray ban sunglasses, transportation costs: according to the patients actual necessary expenses of the credential payment.

10, accommodation: travel accommodation subsidy standards in accordance with the general staff of the medical incidents to national authorities, the credentials pay.

11, the spirit of solatium: residents of the average annual cost of living calculation in accordance with the medical malpractice occurred. The cause of death in patients, the maximum compensation for years of not more than six years; caused the patient's disability, the compensation of years not exceeding three years.

patients to participate in medical malpractice processing

12, near relatives of the necessary traveling expenses, lost income burberry sample sale, fees, accommodation, with reference to the relevant provisions of this Ordinance Article 50 of the calculation, costing not more than two people.

13, medical malpractice cause of death in patients participate in the funeral activities of the patient's spouse and immediate family members traveling expenses required for lost income, accommodation, with reference to the relevant provisions of Article 50 of this Ordinance, calculation, calculate the cost of not more than 2 people.

14, medical malpractice compensation costs, the implementation of one-time settlement, paid by the bear the medical liability of medical institutions.