Does the hospital have the responsibility not to constitute a medical accident and need compensation? Although this case is not a medical accident, it cannot rule out the civil liability that the defendant should bear. This case can be handled in accordance with the provisions of the General Principles of the Civil Law, and the defendant shall bear corresponding civil liability according to the degree of his fault and the degree of reasons. [Introduction] On July 26th, 2007, the plaintiff Chen Mou was injured in his right arm, and was sent to the defendant's hospital for treatment on July 27th, 2007. On the same day, he was diagnosed as a fracture by a hospital of the defendant and was fixed with plaster. On August 6, 2007, Chen Mou came to the defendant's office for a follow-up visit according to the doctor's advice, and fixed a hospital with plaster again. Two or three days after Chen Mou came home, he found that his fingers could not be straightened and he was very weak. He was sent to Pingxiang People's Hospital and Changsha Xiangya Hospital for treatment. After diagnosis, Chen Mou was seriously injured below the right median nerve and ulnar nerve, and the right radial nerve was partially injured. On March 7, 2008, the plaintiff was identified as a seventh-grade disability by xiangdong district Forensic Judicial Appraisal Institute of Pingxiang City. On June 27th, 2008, a hospital of the defendant applied to Pingxiang Medical Association for judicial expertise through the court. On July 22, 2008, Pingxiang Medical Association made the technical appraisal of Pingxiang Medical Jian No.200808, and considered that this case was not a medical accident. However, the appraisal also confirmed that when the plaintiff came to the defendant's office for reexamination, the doctor did not make a detailed examination and detailed records. According to the injury mechanism, the defendant made a hasty diagnosis of the fracture. After the technical appraisal of medical malpractice was made, although the plaintiff disagreed with the appraisal conclusion, he did not apply to the court for re-appraisal within the time limit prescribed by law. [Legal Interpretation] Although the appraisal conclusion does not directly show that there is a causal relationship between medical behavior and damage results, it mentions that the defendant has shortcomings in the process of diagnosis and treatment. As a doctor, the defendant has professional knowledge and should pay maximum attention and caution in the treatment process. However, the defendant did not make a careful diagnosis and made a diagnosis of fracture, indicating that the defendant was at fault. At the same time, the plaintiff trusted the diagnosis result of the defendant's fracture and carried out out out-of-hospital nursing according to the fracture situation, which caused the plaintiff to suffer damage. Therefore, there is a causal relationship between the defendant's medical behavior and the plaintiff's damage results. First of all, the first view is obviously wrong without the support of judicial practice and law. There are two reasons: first, in judicial practice, medical damage compensation disputes can be divided into medical accident compensation disputes and general medical damage compensation disputes. General medical damage compensation disputes refer to medical damage compensation disputes caused by reasons other than medical malpractice, including medical damage compensation disputes that do not constitute medical malpractice after technical appraisal of medical malpractice and do not involve medical malpractice disputes. Medical malpractice and medical negligence are not inclusive, do not constitute medical malpractice, and cannot necessarily draw the conclusion that there is no medical negligence. Second, the second paragraph of Article 106 of China's General Principles of Civil Law stipulates: "Citizens and legal persons who infringe on the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. This provides a direct legal basis for dealing with general medical damage. According to the Supreme People's Court's "About Citation"

Legal objectivity:

Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid. Article 12 18 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If the patient is damaged in medical activities and the medical institution or its medical staff is at fault, the medical institution shall be liable for compensation.