[Direct answer]In the Beijing area, excessive medical treatment usually refers to medical institutions violating medical treatment norms and treatment purposes by providing examinations, treatments, or medications beyond the necessary scope. When identifying such cases, three aspects are generally considered: whether they violate laws, administrative regulations, and medical treatment norms; whether they exceed the treatment purposes and scope appropriate to the patient's condition; and whether they cause unnecessary harm to patients. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), medical institutions and their medical staff shall abide by laws and regulations and medical treatment norms when conducting medical treatment activities. In terms of legal remedies, the process typically involves three steps: sealing the medical records, applying for a medical injury appraisal, and claiming compensation for damages.Personal injury and medical disputesIn class actions, the allocation of the burden of proof is a major challenge in protecting rights.

1. Problem background and typical scenarios

Common situations of excessive medical treatment include: conducting examinations that are clearly beyond the needs of the patient's condition; implementing treatment without informing the patient of the risks and alternative options; performing surgery or invasive procedures without obtaining a written informed consent; using medications that are inappropriate for the patient's condition; and directly adopting aggressive treatment options when conservative treatment could have been used. The confusion for patients lies in the fact that medical practices are highly professional, and it's difficult to prove a doctor's negligence based solely on personal feelings.Business and contract disputes in enterprisesIn this type of business, the approach to challenging professional technical conclusions is similar to this.

II. Key points of dispute

Focus One: Whether the medical treatment violates medical norms and standard operating procedures. Focus Two: Whether there are more economical and reasonable alternative solutions that were not adopted. Focus Three: Whether the informed consent and duty of disclosure were fulfilled. Focus Four: Whether the patient suffered actual harm as a result. Focus Five: The relationship between the patient's underlying diseases and the harm caused. Focus Six: The patient's obligation to cooperate and their own negligence. Focus Seven: Whether there is a continuous process and cumulative impact of excessive medical treatment. For related procedural issues, please consult professional institutions for further advice.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that the success or failure of protecting rights against excessive medical treatment mainly depends on the coordination of three key stages. The first stage is evidence preservation. It is necessary to apply for the sealing of medical records in writing immediately at the stage of suspicion, because the objectivity of medical records directly determines whether the treatment process can be objectively reconstructed later. Once the medical records are sealed, neither party is allowed to alter, add, or destroy them. The second stage is obtaining professional opinions. Lawyers usually assist in organizing a timeline and key issues of the disputed treatment process to form a clear description of the entrusted matters, so that the appraisal experts can focus on judgment and avoid generalizing the appraisal opinions. The third stage is specificizing the damage, that is, clearly pointing out the causal chain between excessive medical treatment and specific damage consequences, such as aftereffects caused by unnecessary surgeries, prolonged recovery periods, or increased subsequent treatment costs. Compared with simply claiming medical attitude issues, arguments focusing on violations of norms and damage consequences are more likely to gain support. In addition, attention should be paid to the handling of liability ratios: even if there is excessive medical treatment, the patient's underlying diseases usually also play a role. Therefore, the fault participation or causality ratio in the appraisal opinion often needs to be comprehensively judged based on the medical records, rather than a single determination.Business and contract disputes in enterprisesThe column provides more explanations about the method of demonstrating the proportion of responsibility.

IV. Practical suggestions and legal basis

Action suggestions: 1. Immediately submit a written application for the sealing of medical records and obtain an acceptance receipt; 2. Fully preserve the informed consent forms, notification documents, and expense receipts; 3. Organize a timeline of medical treatment and a list of disputed procedures; 4. Entrust a lawyer to evaluate and apply for a medical damage appraisal, specifying the appraisal items; 5. Require the appraisal opinion to evaluate each disputed medical treatment procedure individually; 6. Determine the damage items and liability ratios that can be claimed based on the appraisal conclusions; 7. Pay attention to the statute of limitations to avoid rights being impaired due to the appraisal period. Legal basis: Articles 1218, 1219, and 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Medical Damage Liability Disputes (issued on August 25, 2017 and amended on May 20, 2020); Related provisions of the Regulations on the Management of Medical Institutions. For procedures related to the sealing of medical records, please refer to the relevant guidelines.Special services and other casesFor details on the determination of responsibility, please refer to the following document.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, it is essential to seal the medical records as soon as possible, which is the foundation of all rights protection. Secondly, complaints and reports cannot replace litigation and cannot interrupt the pace of rights protection. Thirdly, the appraisal items need to be specific to avoid generalized opinions. Fourthly, the evidence of the damage consequences is equally important and cannot only prove the fault. Fifthly, the patient's underlying diseases usually affect the liability ratio. Sixthly, attention should be paid to the connection between the statute of limitations and the appraisal period. Seventhly, no one is allowed to make any promises about the compensation results.

VI. Frequently Asked Questions

Q1: How to identify overmedicalization?

Generally, it is judged from three aspects: whether it violates laws, administrative regulations, and clinical treatment norms; whether it exceeds the clinical treatment purpose and necessary scope appropriate to the patient's condition; and whether it causes unnecessary harm. The determination usually requires professional opinions. Qualified appraisal institutions evaluate the standardization of clinical treatment behaviors, the rationality of alternative solutions, and the correlation with harm. Patients' subjective feelings alone are not sufficient for determination. It usually requires the corroboration of medical records, cost composition, and appraisal opinions.Special services and other casesThe column provides a more detailed explanation of this.

Q2: Is excessive examination considered excessive medical treatment?

It may constitute overmedicalization. The key to judgment is to check whether the examination items are appropriate for the patient's condition, whether there are more economical and reasonable alternative solutions, and whether they cause actual harm. If the examination items obviously exceed the needs of the patient's condition, are not fully informed, or involve duplicate examinations of homogeneous items, they may be identified as overmedicalization. Conversely, if the examination items are routine screenings and the results are decisive for subsequent diagnosis, they are generally not considered excessive. For further information on relevant judgment criteria, please consult professional institutions.

Q3: Can I protect my rights without a written informed consent form?

Yes. The lack of a written informed consent form itself may constitute a violation of relevant regulatory norms, but protecting rights still requires combining with other evidence. In practice, it should be determined through medical records, informed consent records, conversation recordings, or witness testimonies whether the doctor has actually fulfilled the obligation to inform. In addition, even if there are flaws in the informed consent process, it is still necessary to demonstrate the actual damage caused by these flaws. Otherwise, the claim for compensation may not be supported.Business and contract disputes in enterprisesThe column provides more explanations about the logic of presenting evidence.

Q4: Do we have to pay compensation for excessive medical treatment?

The compensation must meet three conditions simultaneously: the existence of a violation of medical treatment standards, the causing of harm to the patient, and a causal relationship between the two. If there is only a violation without any harm to the patient, monetary compensation may not be supported, but the medical institution may still face administrative liability; if the violation aggravates the harm to the patient or increases the treatment costs, compensation may be claimed for the corresponding part. In practice, the liability ratio is usually determined through appraisal, and the scope of losses that can be claimed is calculated accordingly. For related procedural issues, further consultation can be sought from professional institutions.

Q5: How much does it cost to hire a lawyer to protect one's rights against excessive medical treatment?

The fees are determined through consultation between the law firm and the client, and depend on the complexity of the medical records, whether an appraisal is required, the number of treatment stages involved, and whether the case has entered the litigation and enforcement phases. The cost of simply reviewing the medical records and evaluating the treatment plan is relatively manageable; however, if it involves sealing the medical records, applying for an appraisal, participating in litigation, and following up on enforcement, the investment will increase significantly. It is recommended to first conduct a professional evaluation after sealing the medical records, and then determine the scope of services and the schedule of phases.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.