Lawyer Lu Chenghui c:23 Compensation for Hospital Misdiagnosis Misdiagnosis, as the name implies, wrong diagnosis. However, objectively speaking, based on the high complexity of pathology, misdiagnosis in hospitals is a normal phenomenon. So misdiagnosis is not a medical accident? If you can&;t simply answer yes or no, you should judge whether you have the constitutive requirements of tort civil liability. If you have to bear civil liability. So what is the compensation for hospital misdiagnosis? 38,486 people consulted how to reimburse the pre-admission examination fee. If the medical insurance card is used to pay the examination fee, it will be settled in real time without reimbursement; If you don&;t use the medical insurance card, you can prepare the documents of examination fees, examination reports and other materials, and receive and fill out the Treatment of Misdiagnosis in Hospital. Not all misdiagnoses have to bear legal responsibility, but the key is whether the hospital is at fault in the medical process. If the patient is misdiagnosed by the hospital, and the hospital is at fault, the patient can choose to defend his rights by law. Then, how to deal with the misdiagnosis of the hospital? Treatment of Misdiagnosis in Hospitals In real life, people have generally seen, heard and even experienced the misdiagnosis in hospitals. Once misdiagnosis occurs in hospitals, it is easy to cause damage to our personal rights and interests. Therefore, how do people deal with misdiagnosis in hospitals? We need to analyze the specific situation, and we will choose the most reasonable one to deal with what may be dealt with under different circumstances. 28 people have consulted the hospital. Do you have to bear the responsibility for misdiagnosis? Generally, if the hospital misdiagnosis is due to the fault of medical institutions or medical staff, which constitutes infringement, you need to bear the tort liability. However, if the patient&;s own fault causes damage to the routine of emergency treatment in the hospital. 1. After the receiving nurse asks about the condition and determines the course of treatment, register, and inform the doctor on duty in the emergency department of the relevant department that the condition is complicated and it is difficult to be diagnosed immediately, the first department is responsible for the treatment. 2. After receiving the doctor&;s examination, record the examination results and treatment opinions. 3. Patients with infectious diseases should go to the isolation room for treatment. 4. The seriously ill and critically ill patients should immediately notify the doctor on duty for emergency treatment, and then go through the registration formalities. 65,434 people have consulted 353 people and 327 people have consulted whether the infringing homestead can be compensated for more than ten years, and the obligee can be compensated according to law. Involving the real right and registration of real estate and returning property, it is not subject to the limitation of action; The limitation of claiming civil rights to the court that is not involved is three years. If the limitation of prosecution is exceeded, the court will generally not accept it. Can spiritual compensation for transportation be used as a legacy? Spiritual compensation for transportation can&;t be used as a legacy, but if the decedent dies, the compensation can be handled according to the legal inheritance, and the necessary share of the legacy should be reserved for the heirs who lack the ability to work and have no source of income. How to distribute compensation for husband&;s accidental death? In the case of husband&;s accidental death, the compensation should generally be distributed according to the provisions of the inheritance law, that is, it should be distributed equally according to the number of heirs. Heirs should negotiate and handle inheritance issues in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the estate division shall be determined by the heirs through consultation. Divorce damagesHow to stipulate the limitation of action for divorce damages? The limitation of action is as follows: 1. The limitation of action is generally three years. Unless there are special provisions; 2. The starting time of the aforementioned limitation of action is the day when the obligee knows or should know that the right is damaged and the obligor; 3. Other provisions. The applicable conditions of divorce damages stipulated in the Marriage Law have been abolished at present, and the applicable conditions of divorce damages stipulated in the Civil Code are as follows: 1. Bigamy or cohabitation with others, which includes bigamy in the legal sense and bigamy in fact. If a spouse lives with others, it means that a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife; 2. Carrying out domestic violence; 3. Abandon family members. How does the Marriage Law stipulate the compensation for divorce damages? The Marriage Law has expired. The Civil Code stipulates that the compensation for divorce damages is as follows: one of the spouses has bigamy, the spouse lives together with others, commits domestic violence, abandons family members, etc. And only the innocent party has the right to claim damages. The exercise of the right of claim must be based on the premise that the parties are at fault and thus lead to divorce, that is, the claim for damages should be filed at the same time as the divorce lawsuit.