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Related articles:PRC Civil Code: Part VII Liability for TortRPC Civil Code: Chapter 4 Portrait RightsRight to Privacy and Protection of Personal InformationArticle 1218    Where any damage is caused to a patient in the course of medical diagnosis and treatment, if the medical institution or its medical workers are at fault, the medical institution shall be liable to pay compensation.
Article 1219    Medical workers shall explain the illness situation and medical measures to a patient in diagnosis and treatment activities. Where a patient needs to undergo surgery, special examination or special treatment, the medical personnel shall promptly explain detailed medical risks, alternative medical solutions, etc. to the patient and obtain his explicit consent; where the patient is unable or unsuitable to be informed, the medical personnel shall explain to his immediate relatives and obtain their explicit consent.In the event of damage suffered by a patient due to failure of the medical personnel to perform the obligations in the preceding paragraph, the medical institution shall bear compensation liability.

Article 1220    Under emergency circumstances such as rescue of critical patient or where the medical institution is unable to obtain the opinion of the patient or his immediate relatives, upon approval by the person-in-charge of the medical institution or the authorized person-in-charge, the corresponding medical measures may be forthwith implemented.
Article 1221    In the event that medical personnel fail to perform diagnosis and treatment obligations corresponding to the prevailing medical standards in diagnosis and treatment activities and cause a patient to suffer damage, the medical institution shall bear compensation liability.
Article 1222    If any damage is caused to a patient in the course of medical diagnosis and treatment, the medical institution shall be presumed to be at fault under any of the following circumstances:(I) Violating laws, administrative regulations, rules or other relevant provisions on diagnosis and treatment practices;(II) Concealing or refusing to provide medical records relating to the dispute; or(III) Losing, forging, tampering with or illegally destroying medical records.
Article 1223    Where a patient suffers damage due to defects in drugs, disinfectants or medical equipment, or receipt of transfusion of unqualified blood, he may seek compensation from the drug marketing authorization holder, manufacturer or blood supply institution, or also may seek compensation from the medical institution. Where the patient seeks compensation from the medical institution, the medical institution, after it has made the compensation, shall have the right to recover the compensation from the liable drug marketing authorization holder, manufacturer, or blood supply institution.
Article 1224    Under any of the following circumstances, a medical institution shall not be liable to pay compensation in the event that a patient has suffered damage in diagnosis and treatment:(I) The patient or any of his close relatives fails to cooperate with the medical institution in the course of qualified medical diagnosis and treatment;(II) The medical staff have performed their reasonable obligation of diagnosis and treatment under emergency circumstances such as rescue of critically ill patients; or(III) It is difficult to treat the patient due to the limited existing medical level.For Item (I) of the preceding paragraph, the medical institution or its medical personnel at fault shall bear the corresponding compensation liability.
Article 1225    A medical institution and its medical personnel shall fill in and keep medical records such as hospitalization records, doctor's advices, inspection reports, operation and anesthesia records, pathological information, nursing records, etc. properly pursuant to the provisions.Where a patient asks for consultation or replication of medical records stipulated in the preceding paragraph, the medical institution shall promptly provide the same.
Article 1226    Medical institutions and their medical personnel shall keep confidential the privacy and personal information of a patient. Whoever divulges the privacy or personal information of a patient or discloses medical records of a patient without the patient's consent shall bear tortious liability.
Article 1227    No medical institution or medical personnel thereof shall carry out unnecessary checks in violation of diagnosis and treatment practices.
Article 1228    The legitimate rights and interests of medical institutions and their medical workers shall be protected by the law.Persons who disrupt medical order, hinder work or living of medical personnel, or harm the legitimate rights and interests of medical personnel shall bear legal liability pursuant to the law.


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PRC Civil Code: Liability for Medical Malpractice

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Related articles:PRC Civil Code: Part VII Liability for TortRPC Civil Code: Chapter 4 Portrait RightsRight to Privacy and Protection of Personal InformationArticle 1218    Where any damage is caused to a patient in the course of medical diagnosis and treatment, if the medical institution or its medical workers are at fault, the medical institution shall be liable to pay compensation.
Article 1219    Medical workers shall explain the illness situation and medical measures to a patient in diagnosis and treatment activities. Where a patient needs to undergo surgery, special examination or special treatment, the medical personnel shall promptly explain detailed medical risks, alternative medical solutions, etc. to the patient and obtain his explicit consent; where the patient is unable or unsuitable to be informed, the medical personnel shall explain to his immediate relatives and obtain their explicit consent.In the event of damage suffered by a patient due to failure of the medical personnel to perform the obligations in the preceding paragraph, the medical institution shall bear compensation liability.

Article 1220    Under emergency circumstances such as rescue of critical patient or where the medical institution is unable to obtain the opinion of the patient or his immediate relatives, upon approval by the person-in-charge of the medical institution or the authorized person-in-charge, the corresponding medical measures may be forthwith implemented.
Article 1221    In the event that medical personnel fail to perform diagnosis and treatment obligations corresponding to the prevailing medical standards in diagnosis and treatment activities and cause a patient to suffer damage, the medical institution shall bear compensation liability.
Article 1222    If any damage is caused to a patient in the course of medical diagnosis and treatment, the medical institution shall be presumed to be at fault under any of the following circumstances:(I) Violating laws, administrative regulations, rules or other relevant provisions on diagnosis and treatment practices;(II) Concealing or refusing to provide medical records relating to the dispute; or(III) Losing, forging, tampering with or illegally destroying medical records.
Article 1223    Where a patient suffers damage due to defects in drugs, disinfectants or medical equipment, or receipt of transfusion of unqualified blood, he may seek compensation from the drug marketing authorization holder, manufacturer or blood supply institution, or also may seek compensation from the medical institution. Where the patient seeks compensation from the medical institution, the medical institution, after it has made the compensation, shall have the right to recover the compensation from the liable drug marketing authorization holder, manufacturer, or blood supply institution.
Article 1224    Under any of the following circumstances, a medical institution shall not be liable to pay compensation in the event that a patient has suffered damage in diagnosis and treatment:(I) The patient or any of his close relatives fails to cooperate with the medical institution in the course of qualified medical diagnosis and treatment;(II) The medical staff have performed their reasonable obligation of diagnosis and treatment under emergency circumstances such as rescue of critically ill patients; or(III) It is difficult to treat the patient due to the limited existing medical level.For Item (I) of the preceding paragraph, the medical institution or its medical personnel at fault shall bear the corresponding compensation liability.
Article 1225    A medical institution and its medical personnel shall fill in and keep medical records such as hospitalization records, doctor's advices, inspection reports, operation and anesthesia records, pathological information, nursing records, etc. properly pursuant to the provisions.Where a patient asks for consultation or replication of medical records stipulated in the preceding paragraph, the medical institution shall promptly provide the same.
Article 1226    Medical institutions and their medical personnel shall keep confidential the privacy and personal information of a patient. Whoever divulges the privacy or personal information of a patient or discloses medical records of a patient without the patient's consent shall bear tortious liability.
Article 1227    No medical institution or medical personnel thereof shall carry out unnecessary checks in violation of diagnosis and treatment practices.
Article 1228    The legitimate rights and interests of medical institutions and their medical workers shall be protected by the law.Persons who disrupt medical order, hinder work or living of medical personnel, or harm the legitimate rights and interests of medical personnel shall bear legal liability pursuant to the law.


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