Patients can choose to file a lawsuit for civil compensation for medical tort or a lawsuit for medical technical service contract dispute.

Doctors can only bring a lawsuit against medical technical service contract disputes.

2. Acceptance conditions

(1). There is a doctor-patient relationship; (2) medical behavior is illegal; (3) the patient has harmful consequences; (4) There is a causal relationship between medical violations and patients' damage consequences; (5). Patients have economic losses; (6) Within the limitation of action.

3, the parties should submit materials and evidence

Medical information (including outpatient, emergency, inpatient medical records, various examination application forms, medical bills list, injection certificate, external prescription), nursing certificate, lost time income certificate, transportation fee certificate, accommodation fee certificate, funeral expenses certificate, maintenance/support certificate, disabled equipment certificate, identity and kinship certificate (except official letter certificate).

First instance procedure

1, competent court

Where a patient files a lawsuit for medical tort or medical technical service contract, it shall be under the jurisdiction of the court where the medical institution is located.

If a doctor brings a lawsuit for a medical technical service contract, he may choose the jurisdiction of the court where the patient is located or where the doctor is located.

2. Evidence preservation

In order to prevent medical institutions from forging, concealing, tampering or destroying medical history, or to prevent the loss of corpses and test specimens, or to consult and copy the evidence involved, lawyers should assist the parties in filing an application for evidence preservation and retrieval with the court when filing a civil lawsuit.

3. Evidence exchange and cross-examination

(1) Check whether the medical history data is complete; (2) review whether the writing of medical history data conforms to the rules of medical history writing; (three) to decide whether to apply for judicial document retrieval and identification; (4) Determine whether there is any situation that cannot be evaluated.

4, behavioral ability appraisal

When bringing a civil lawsuit, a lawyer shall assist the parties to apply to the court for judicial appraisal of their capacity for conduct, and provide relevant appraisal materials.

5. Inspection and appraisal of judicial documents

If the medical history data or other evidence is forged, altered or added in violation of the rules of medical history writing, the lawyer shall assist the parties to file an application for judicial document retrieval and identification with the court. Literature retrieval appraisal items generally include: signature handwriting appraisal, continuous handwriting appraisal, addition, misappropriation, alteration handwriting appraisal, etc.

6. The court entrusts the technical appraisal of medical malpractice.

In medical dispute cases involving medical malpractice disputes, the court generally entrusts the medical association to organize medical malpractice technical appraisal. If the lawyer refuses to accept the first appraisal, he shall, within 15 days from the date of receiving the appraisal, assist the parties to apply to the court for re-appraisal. If the first and second appraisal opinions are flawed or defective, the lawyer may assist the parties to submit the flawed or defective appraisal opinions to the court for supplementary appraisal. Compared with the technical appraisal of medical malpractice entrusted by the parties before litigation, the court entrusted appraisal can find the problems in the inspection materials in time.

7, fault and causality identification procedures

Generally, it does not constitute a medical accident appraisal conclusion or although it constitutes a medical accident, but the appraisal opinion is too narrow in the scope of fault identification, and at the same time, through cross-examination, it is found that the appraisal opinion conflicts with the objective facts, diagnosis and treatment norms and practices of the case, and the procedure of requesting the internal appraisal institution of the judicial organ to conduct appraisal is put forward.

8, disability level identification procedures

In order to prove the scope of economic compensation involved in the patient's actual damage, an appraisal procedure was applied to the court according to the General Principles of the Civil Law and the Regulations on Handling Medical Accidents.

9, nutrition identification procedures

No matter whether the occurrence of adverse reactions constitutes a disability level or not, the expenses incurred by adverse reactions in medical meals or nutritional conditioning after discharge must be identified by the appraisal department according to the specific adverse consequences during the calculation period.

10, nursing period appraisal procedure

No matter whether the adverse reaction constitutes a disability level or not, if the adverse reaction causes the patient to lose part or all of his self-care ability and must rely on life nursing, the nursing period shall be appraised by the appraisal department.

1 1, Medical Dependence Identification Procedure

If the patient is disabled due to medical negligence and needs to continue treatment in order to maintain or restore the physiological function of tissues and organs, and has formed nursing, drug or other medical dependence, the duration and cost of medical dependence shall be determined by the judicial authentication institution through appraisal and evaluation.

Second instance procedure

1, reason

(1) refuses to accept the facts identified in the judgment of first instance;

(2) There is new evidence enough to overturn the judgment of first instance;

(3) think that the first-instance judgment violates legal procedures, such as giving the parties full appraisal rights;

(4) Other reasons.

2. mention the time

(1) If he refuses to accept the judgment of first instance, he shall appeal to the court of first instance or the court of second instance within 15 days from the date when the judgment is served;

(2) Anyone who refuses to accept the ruling of first instance shall appeal to the court of first instance or the court of second instance within 15 days from the date when the judgment is served.

3. Main points of trial

We must take the facts and judgment reasons ascertained in the first instance as the breakthrough point, and focus on the viewpoint of the second instance to seek a breakthrough.

Retrial procedure

1, reason

(1) There is new evidence enough to overturn the original effective judgment or ruling;

(two) the main evidence of the facts ascertained in the original effective judgment or ruling is insufficient;

(3) The law applied to the original effective judgment or ruling is wrong;

(4) The courts of first and second instance violated legal procedures;

(5) Other reasons.

2. mention the time

Within two years from the effective date of the judgment or ruling.