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How to identify the responsibility of medical malpractice
Identification of medical malpractice. Any negligent behavior that constitutes a medical accident has the legal characteristics of "illegality" and "harmfulness". Its illegality is manifested in violation of the rules and regulations of diagnosis and treatment nursing and technical operation procedures, and its harmfulness is manifested in causing undue personal injury and property loss to patients and their families.

According to Article 5 of the Measures for Handling Medical Accidents, it is recognized as a medical accident according to law: (1) One-sidedly emphasizes the system and procedures for critical, urgent and serious patients, shirks and refuses to rescue them, or irresponsibly transfers them to other hospitals (departments) because of their handling ability, thus losing the opportunity to rescue them and causing adverse consequences; (two) AWOL, delayed diagnosis, treatment or rescue, resulting in adverse consequences; (four) in the diagnosis and treatment work, knowing that the condition is difficult and critical, failing to consult the superior doctor in time or disobeying the guidance of the superior doctor, and handling it without authorization, or the superior doctor's report to the subordinate doctor was not handled seriously in time, delaying diagnosis, treatment or losing the opportunity to rescue, resulting in adverse consequences; (5) Violating the operation system, making hasty preoperative preparation, opening the wrong organ or picking the wrong organ during the operation, or damaging important organs, blood vessels and nerves in violation of the operation procedures, or leaving foreign bodies such as gauze and surgical instruments in the patient's body, resulting in adverse consequences; (six) in violation of the principle of taking over production or operating procedures, resulting in adverse consequences; (7) Violating the nursing work system or operating rules, resulting in adverse consequences; (eight) in violation of the drug management system, abuse of narcotic drugs, psychotropic drugs, toxic drugs, radioactive drugs or violation of drug compatibility taboos, resulting in adverse consequences; (9) The pharmaceutical department mismatches the prescription, issues the wrong medicine, miswrites the usage and labels, the toxic, restricted and dramatic drugs are not clearly marked, the drug content in the preparation is not up to standard, the prescription is not corrected after obvious mistakes are found, and the unqualified or expired drugs are used, resulting in adverse consequences; (10) Violates the operating rules, chooses the wrong anesthesia method, misuses anesthetic or overdoses anesthesia, resulting in adverse consequences; (1 1) violates the provisions of drug allergy test, resulting in adverse consequences; (12) Medical technical departments such as inspection, radiation and physiotherapy. , lost or taken the wrong test specimen, missed or misstated the test results, mismatched or sent the wrong blood, took the wrong film or had too many times of physical therapy, resulting in adverse consequences; (13) Hospital managers, logistics personnel and engineering and technical personnel make excuses and delay time, which affects the diagnosis and treatment of nursing work and causes adverse consequences.