Excuse me, is the following case a medical accident?

The problem of medical malpractice is usually solved in two ways:

1, technical appraisal of medical accidents. The definition of medical malpractice in the Regulations on Handling Medical Accidents is: it refers to an accident in which medical institutions and their medical staff violate medical and health management laws, administrative regulations, departmental rules, medical and nursing norms and conventions and cause personal injury to patients due to negligence.

It should be noted that there are three factors that constitute medical accidents: 1) violation, mainly referring to violation of clinical diagnosis and treatment routine; 2) Causing a certain degree of personal injury (refer to the Classification Standard of Medical Accidents (Trial)); 3) There is a clear causal relationship between them. These three elements are indispensable. As you said, in this case, we must first determine whether the hospital violates the routine of diagnosis and treatment. If it does not violate the routine of diagnosis and treatment, it is difficult to define it as a medical accident. Because there are indeed many diseases that are difficult to control and solve under the current medical conditions.

Those who apply for medical malpractice appraisal may apply to the local health bureau, and the health administrative department will submit it to the medical association for appraisal after accepting it. According to the appraisal conclusion, there are corresponding compensation standards. However, military hospitals seem to have different regulations, and it seems that they have to apply to the Logistics and Health Department of Nanjing Military Region.

In addition, the Regulations on Handling Medical Accidents also stipulates that medical institutions shall not be liable for compensation if they are not medical accidents.

2. Court decision. Through civil litigation, the court can entrust the medical association to do technical appraisal of medical accidents, or entrust the judicial appraisal institution to do judicial appraisal. Personally, I suggest doing judicial expertise. Judicial expertise does not identify whether it is a medical accident, but only whether the hospital is at fault or responsible. In many cases, although the hospital is at fault, it does not constitute a medical accident. At this time, it may be more beneficial for patients to do judicial expertise.