There are three main procedures for medical malpractice claims in China, namely negotiation, administrative handling and litigation. For small and medium-sized medical institutions, when the fault is obvious and there is no dispute about what constitutes a medical accident, try to solve it through consultation.

Legal basis: Article 57 of the Tort Liability Law. If the medical staff failed to fulfill their medical obligations corresponding to the medical level at that time, causing damage to patients, the medical institution shall be liable for compensation.

Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work.

Twenty-second violations of the personal rights and interests of others, causing serious mental damage to others, the infringed may request compensation for mental damage.