Legal analysis: It may constitute a medical accident, which means that medical institutions and their medical staff violate medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment norms and conventions, misdiagnose and take improper treatment measures, resulting in different degrees of physical damage to patients or delays in diagnosis and treatment. To determine whether it is a medical accident, identification is needed at present. Specific needs to be judged by combining case materials.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 103 Natural persons enjoy the right to the body. The personal safety and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the body rights of others.

Article 104 Natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights of others.