Legal analysis: the difference between medical malpractice and medical fault: different legal basis, different appraisal procedures and different appraisal conclusions. The conclusion of technical appraisal of medical malpractice shall be made according to the appraisal conclusion, and its manuscript shall be issued by the head of the expert appraisal group. The medical malpractice technical appraisal book is stamped with the special seal of the medical association for medical malpractice technical appraisal, and the members of the expert appraisal team do not sign it.

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

Article 128 If a patient suffers damage in medical activities and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation.

Article 1219 Medical personnel shall explain the patient's condition and medical measures in their medical treatment activities. If surgery, special examination and special treatment are needed, the medical staff shall explain the medical risks and alternative medical schemes to the patients in a timely manner, and obtain their clear consent; If it is impossible or inappropriate to explain it to the patient, it shall explain it to the patient's close relatives and obtain their clear consent.

Article 1221st If medical personnel fail to fulfill their medical obligations corresponding to the medical level at that time, thus causing damage to patients, medical institutions shall be liable for compensation.

Article 1222nd A medical institution is presumed to be at fault under any of the following circumstances:

(a) in violation of laws, administrative regulations, rules and other relevant medical norms;

(two) concealing or refusing to provide medical records related to the dispute;

(three) lost, forged, tampered with or illegally destroyed medical records.