Suffered harm from medical treatment in China? Foreigners have the same rights as Chinese citizens to pursue medical malpractice claims. Here's how the process works.
What Constitutes Medical Malpractice
Under Chinese law, medical malpractice includes:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Failure to obtain informed consent
- Inadequate post-operative care
- Hospital-acquired infections
Proving Medical Malpractice
You must establish:
- Duty: Doctor-patient relationship existed
- Breach: Medical provider violated standard of care
- Causation: Breach caused your injury
- Damages: You suffered actual harm
Burden of Proof: In China, hospitals must prove they were NOT negligent. This is more favorable to patients than in many other countries.
Steps to Take
1. Preserve Evidence
- Request copies of all medical records
- Photograph any visible injuries
- Keep all receipts and bills
- Document timeline of events
2. Medical Records
- You have right to copy your records
- Hospital must provide within specified time
- Request records be sealed if tampering suspected
3. Expert Assessment
- Medical damage appraisal required
- Conducted by authorized institutions
- Determines if malpractice occurred
- Assesses disability level if applicable
Resolution Options
Negotiation
- Direct negotiation with hospital
- Often fastest resolution
- Hospital may offer settlement
Mediation
- Through medical dispute mediation committee
- Free service in most areas
- Non-binding unless agreement reached
Litigation
- File lawsuit in court
- Longer process but binding result
- Can claim full damages
Compensation Available
- Medical expenses (past and future)
- Lost income
- Nursing care costs
- Disability compensation
- Mental distress damages
- Death compensation (if applicable)
Challenges for Foreigners
- Language barriers in medical records
- Understanding Chinese medical standards
- Navigating unfamiliar legal system
- Potential bias toward local hospitals
Statute of Limitations
- 3 years from when injury is known
- Maximum 20 years from treatment date
- Act promptly to preserve rights
Prevention Tips
- Choose reputable hospitals
- Bring interpreter for important consultations
- Ask questions and document answers
- Get second opinions for major procedures
- Keep copies of all documents
Medical Malpractice Help
I help foreigners pursue medical malpractice claims in China and navigate the complex legal process.
Contact MeDisclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact me directly.
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