A serious or unexpected outcome after treatment does not by itself establish medical malpractice. A claim may turn on whether the medical institution or its staff failed to meet the applicable duty of care, whether that failure caused injury, and what loss can be documented. A clear record of treatment and events helps a patient assess those questions.
China’s Civil Code requires medical institutions to keep specified medical records and provide access to copies when the patient requests them. It also identifies particular circumstances in which fault may be presumed, including hiding or refusing relevant records, or losing, falsifying, altering, or unlawfully destroying them. Patients should preserve records early and keep a dated account of treatment and resulting harm.
Request and preserve the medical file
Ask the medical institution for copies of the records relevant to the treatment, including outpatient and inpatient records, orders, test and imaging reports, consent forms, operation and anesthesia records, pathology, nursing records, and billing documents. Keep the request and proof of delivery. Preserve the copies as received; do not mark up the only copy or alter digital files.
Keep prescriptions, discharge instructions, follow-up notes, receipts, and records from later treatment. Write a timeline showing symptoms, consultations, tests, procedures, communications, and when the injury or complication became apparent. If another provider treated the same condition, retain those records too.
Separate the medical outcome from the legal questions
The Civil Code provides that a medical institution is liable when a patient is harmed in diagnosis or treatment and the institution or its medical staff is at fault. It also addresses a failure to meet the duty of diagnosis and treatment appropriate to the medical level at the time. The fact that treatment did not succeed is not, on its own, proof of a breach or a causal link.
Article 1222 identifies circumstances that create a presumption of fault: violation of applicable laws or diagnostic standards, concealment or refusal to provide relevant medical records, and loss, falsification, alteration, or unlawful destruction of records. The patient still needs to identify the harm and explain how the treatment is connected to it; technical issues may require expert evaluation in a legal proceeding.
Organize losses and get an early case review
Keep itemized proof of medical costs, rehabilitation, care, travel for treatment, missed work, and other claimed losses. Separate amounts already reimbursed from unpaid amounts. Before signing a settlement or releasing a claim, have the proposed terms reviewed against the complete medical and financial record.
Sources: Civil Code, Articles 1218–1225.
This overview is general information. Liability and compensation depend on the treatment facts, medical evidence, causation, and applicable procedure.
