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第二条本办法所称的医疗事故,是指在诊疗护理工作中,因医务人员诊疗护理过失,直接造成病员死亡、残废、组织器官损伤导致功能障碍的。第三条在诊疗护理工作中,有下列情形之一的,不属于医疗事故:(一)虽有诊疗护理错误,但未造成病员死亡、残废、功能障碍的;(二)由于病情或病员体质特殊而发生了难以预料和防范的不良后果的;(三)发生难以避免的并发症的;(四)以病员及其家属不配合诊治为主要原因而造成不良后果的。第五条医疗事故分责任事故和技术事故。责任事故是指医务人员因违反规章制度、诊疗护理常规等失职行为所致的事故;技术事故是指医务人员因技术过失所致的事故。第十一条病员及其家属和医疗单位对医疗事故或事件的确认和处理有争议时,可提请当地医疗事故技术鉴定委员会进行鉴定,由卫生行政部门处理。对医疗
Article 2 The medical malpractices mentioned in these Measures refer to the medical staff’s diagnosis and treatment of care negligence, which directly causes the death, disability, and damage of tissues and organs resulting in dysfunction. Article 3 Of the nursing and nursing work, one of the following circumstances does not belong to a medical accident: (1) Despite medical care and nursing errors, it did not cause death, disability, or dysfunction of the patient; (2) due to illness or physical condition of the patient (3) The occurrence of unavoidable complications; (4) The adverse consequences are caused by the fact that the patient and his family do not cooperate with the diagnosis and treatment. Article 5 Medical accidents are divided into liability accidents and technical accidents. Responsibility accidents refer to accidents caused by dereliction of duty by medical personnel due to violations of the rules and regulations, diagnosis and treatment and nursing routines, etc. Technical accidents refer to accidents caused by medical staff due to technical negligence. Article 11 When patients and their families and medical units dispute the confirmation and handling of a medical accident or event, they may submit a request to the local Medical Accident Technical Appraisal Committee for identification, which will be handled by the health administrative department. For medical