1, negotiate with the doctor and sign the agreement. At present, medical institutions are mainly state-owned institutions, and the person in charge of medical institutions has no specific authority to make compensation before and after the identification of medical accidents. The situation in which doctors and patients reach an agreement is mainly limited to the identification of medical accidents or the hospital has other ideas. In this way, it is unlikely that patients' rights and interests will be fully safeguarded, and patients' weak position cannot be balanced in the process of dispute resolution. If at this stage, patients can invite professional lawyers to intervene to make up for their weak position in this process. We should be soberly aware that consultation is the first contest between doctors and patients, and it is also a key link before entering the litigation stage. On the one hand, professional lawyers make hospitals weigh the interests of this dispute and accept the reasonable demands of patients through the elaboration and analysis of laws and facts; On the other hand, professional lawyers will actively collect and preserve evidence according to the specific circumstances of the negotiations, laying a solid evidence foundation for the next litigation. At the same time, after the doctor-patient dispute occurs, don't act rashly, blindly "settle it", and analyze it objectively to avoid regret in the future. Judging from the current legal provisions and practice in China, there are two forms of exemption from civil liability: non-litigation exemption and agreement exemption. The so-called exemption from prosecution means that the victim or the relevant parties do not sue the court to investigate the legal responsibility of the actor, and the legal responsibility of the actor has actually been exempted. The so-called agreement exemption means that the victim and the offender reach an agreement through consultation within the scope permitted by law and agree to exempt the offender from liability. Legal liability refers to some unfavorable legal consequences that the actor should bear because of illegal behavior, breach of contract or legal provisions. In judicial practice, the parties voluntarily reach a settlement agreement on personal injury, and if one party goes back on his word and brings a lawsuit to the people's court, his right to appeal shall be protected. However, if he can't prove that the agreement is invalid or revocable at the time of conclusion, he shall consider the agreement valid and both parties shall perform it. Therefore, patients should be cautious in solving problems "privately"!
2. Apply to the health administrative department. Articles 37 and 38 of the Regulations on Handling Medical Accidents stipulate that the parties concerned shall submit a written application to the health administrative department of the people's government at the county level where the medical institution is located. The health administrative department of the people's government at the county level where the medical institution is located shall, within 7 days, transfer the death of the patient and the medical accident that may belong to the second level or above to the health administrative department of the people's government at the prefecture level for handling. The basis of the health administrative organ's handling is the appraisal conclusion of the medical malpractice appraisal Committee of the medical association. A written application shall be filed within one year from the date when the party concerned knows or should know that his health has been damaged. The provisions of Articles 49, 50 and 51 of the Regulations on the Handling of Medical Accidents, in which there is no death compensation as stipulated by other laws and regulations; At the same time, the Regulations on Handling Medical Accidents also stipulates that those who do not belong to medical accidents will not be compensated. This kind of relief can't avoid the unfavorable factors that the hospital is in a strong position in the process of dispute resolution, and at the same time, we must face up to the inherent limitations of the Regulations on the Handling of Medical Accidents in safeguarding patients' rights and interests. In view of the above characteristics and the principle of "the minority is subordinate to the majority" adopted by the Medical Association, patients should have an objective understanding of the possible conclusions of medical malpractice appraisal. If it is not an accident after appraisal or the patient does not apply for medical malpractice appraisal, and the patient has reason to think that the doctor is at fault and should be liable for compensation, there is no need to entangle too much in the conclusion of medical malpractice appraisal. He should consult a professional lawyer in time and choose to bring a lawsuit to the people's court. Otherwise, patients may fall into a more passive litigation situation.
3. Bring a lawsuit to the people's court. At present, medical malpractice identification is not the premise of bringing a lawsuit to the people's court for medical compensation disputes. The burden of proof of patients focuses on the consequences of damage (disability grade, death, etc. ) and medical relations (medical records, medical bills, etc. ). The Notice of the Supreme People's Court on the Trial of Civil Cases of Medical Disputes with Reference to the Regulations on Handling Medical Accidents stipulates that other medical compensation disputes caused by reasons other than medical accidents shall be governed by the provisions of the General Principles of Civil Law. According to "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", in litigation, the appraisal conclusion of the Medical Accident Appraisal Committee of the Medical Association is only one kind of litigation evidence, and it can only be used as valid evidence and the basis for determining the liability of medical units after cross-examination. Among them, according to the General Principles of the Civil Law and relevant laws, the people's court can support the patient's claim for compensation for death. Through the intervention of lawyers and other experts, patients and hospitals are in the same position under the protection of open, just and fair judicial procedures, and the legitimate rights and interests of patients will be fully and fairly safeguarded through litigation. After clarifying the characteristics of the above solutions, patients should resolutely choose a more suitable solution according to their own situation, so as to avoid delaying time on unnecessary issues, increasing the difficulty of obtaining evidence and causing passive litigation. It seems like a year has passed.