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医疗损害指因医疗机构及其医务人员的故意或过失(即医疗过错),造成就医患者身体上或精神上的损害结果。医疗损害鉴定是指医疗机构及其医务人员在日常医疗行为中存在法定过错并造成患者人身损害而导致的医疗损害民事诉讼,人民法院针对医疗技术的高风险、高技术等问题对外委托的鉴定。其内容主要针对医疗行为整个过程的审查和分析,对照卫生行政法规、部门规章诊疗护理规范及常规,判定医师有无过错,医疗过错行为与损害结果之间是否存在因果关系,医疗过错行为在损害结果中的责任程度以及人体损伤残疾程度等方面。
Medical damage refers to the result of physical or mental damage to a medical patient due to the willful or negligent (ie, medical error) of the medical institution and its medical staff. Medical damage appraisal refers to the medical institutions and their medical staff in the daily medical practice in the existence of statutory fault and cause personal injury to patients caused by medical damages civil lawsuits, the people’s court for medical technology, high-risk, high-tech and other issues of external commission appraisal. The content mainly focuses on the examination and analysis of the whole process of medical behavior. According to the rules and regulations of health administrative regulations and departmental rules and regulations, whether there is any causal relationship between medical malpractice and damage result, The degree of responsibility in the results, and the degree of disability and other aspects of human injury.