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. Medical institutions shall be liable for compensation if medical personnel fail to fulfill the obligations stipulated in the preceding paragraph and cause damage to patients.
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.
Article 1224th A medical institution shall not be liable for compensation under any of the following circumstances:
(a) patients or their close relatives do not cooperate with medical institutions to meet the diagnosis and treatment standards;
(2) Medical personnel have fulfilled the obligation of reasonable diagnosis and treatment in emergency situations such as saving dying patients;
(3) Due to the medical level at that time, it was difficult to make diagnosis and treatment.
In the first case of the preceding paragraph, if the medical institution or its medical personnel are also at fault, they shall bear the corresponding liability for compensation.
"Interim Measures for Technical Appraisal of Medical Accidents" Article 36 The expert appraisal team shall comprehensively analyze the role of medical negligence in the consequences of medical accidents, the patient's original disease status and other factors to determine the degree of responsibility for medical negligence. The degree of responsibility for medical negligence in medical accidents is divided into:
(1) Full responsibility means that the damage consequences of medical accidents are completely caused by medical negligence.
(2) The main responsibility means that the damage consequences of medical accidents are mainly caused by medical negligence, and other factors play a secondary role.
(3) Secondary liability means that the damage consequences of medical accidents are mainly caused by other factors, and medical negligence plays a secondary role.
(4) Minor liability means that most of the damage consequences of medical accidents are caused by other factors, and medical negligence plays a secondary role.