Misdiagnosis in a hospital in China is a form of medical malpractice. Compensation for medical malpractice generally involves civil compensation.
Both doctors and patients agree on a joint decision on the issue of compensation. If they are unwilling to negotiate or unable to negotiate, both doctors and patients can apply to the public health administrative department for mediation, or they can directly file a civil suit with the people's court.
Article 46 of the Rules of Consideration medical malpractice cases. In the event of a civil liability dispute, such as medical malpractice compensation, both doctors and patients can negotiate to resolve it; if they are unwilling to negotiate or unable to negotiate, the parties concerned can apply to the public health administrative department for mediation, or they can directly file a civil suit with the people's court.
With regard to compensation for medical malpractice, the following factors should be taken into account to determine the specific amount of compensation:
(1) the level of medical negligence;
(2) the degree of liability for medical malpractice in the consequences of damage caused by medical malpractice;
(3) the relationship between the effects of medical malpractice damage and the patient's initial state of health. Unless it is medical malpractice, the medical facility is not responsible for compensation.
Compensation is usually calculated on the basis of items such as medical expenses, expenses for missed work and escort expenses.
Article 50 of the Rules for Consideration cases of medical malpractice Compensation for medical malpractice is calculated in accordance with the following clauses and standards:
(1) Medical expenses: Medical expenses incurred in the treatment of bodily injury caused by medical negligence are calculated and paid in accordance with the law, but medical expenses related to the original illness are not included. If it is really necessary to continue treatment after the case is closed, there must be paid basic medical expenses.
(2) Hospitalization food subsidy: Calculated according to the travel food subsidy standard for general staff of the public agency where the health accident occurred.
(3) Accompaniment Fee: If a patient reques someone to accompany him or her during the hospitalization period, it is calculated based on the average annual salary of the staff in the year prior to the medical incident.
(4) Psychiatric Injury Compensation: Calculated based on the average annual living expenses of the residents of the location where the medical malpractice occurred. If the cause is the death of the patient, the maximum compensation period should not exceed 6 years; if the reason is the patient's disability, the maximum compensation period shall not exceed 3 years.
Article 1179 of the Civil Code of the People's Republic of China If anyone molests and injures another person, they must reimburse reasonable medical and rehabilitation costs, such as medical expenses, nursing expenses, travel expenses, food and hospitalization food subsidies, and income, reduced due to missed work. If disability is the cause, the cost of assistive equipment and disability compensation must also be reimbursed; if the cause is death, funeral expenses and death compensation must also be paid.
If a patient suffers damage during medical treatment and the medical institution or its medical staff is at fault, the medical institution is responsible for compensation.