Surgeons are responsible for the physical injuries of people who cause diseases. After consultation, can he still seek compensation from the hospital for the situation caused by this accident? What is
Surgeons are responsible for the physical injuries of people who cause diseases. After consultation, can he still seek compensation from the hospital for the situation caused by this accident? What is the legal basis?
The compensation agreement has been signed, indicating that the doctor did have a fault in the process of diagnosis and treatment. The doctor's fault can be identified by referring to the provisions on medical damage liability in the Tort Liability Law. Generally speaking, the medical party has the following obligations in the diagnosis and treatment activities. Once the infringement causes damage to the patient, he shall be liable for tort compensation. One is the obligation to inform, that is, the patient's right to know, that is, the patient and his relatives must inform the patient or his relatives in writing of the major medical behavior of the doctor. The second is to fulfill the obligation, that is, the doctor must use all medical technical means and medical equipment suitable for patients at that time. To ensure that patients get the highest and best treatment, the third is the obligation to practice medicine according to law. Doctors must not violate laws and regulations, such as practicing medicine without a license, providing fake and inferior drugs and medicines. Doctors are obliged to compensate all losses caused by doctors' medical mistakes. Even if an agreement is reached, if there are complications in the future and it is identified as the fault of the doctor, it can be investigated again, because the agreement does not rule out the possible compensation consequences in the future. Even if the agreement is clear that you will not look for the other party in the future, this clause should be a major misunderstanding and can be revoked. After all, patients are not medical professionals, unable to predict the future and unable to predict.