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Brief introduction of details of a case
The patient because " giddy and lack of power accompany a bosom to cover tightly 3 days " enter assist with hospital internal medicine, the patient insists to ask to processing housework comes home after treating an end everyday during be in hospital, after imparting relevant risk still such. The family member asks to use calcium of small element heparin to treat after, after doctor A combines patient condition to consider, give " hypodermic of calcic 5000u of heparin of small element of every sky midday " cure. The patient is in assist with hospital be in hospital after 6 days, because of " break out insensible companion to vomit " enter people hospital, morrow agrees with be issued to lower levels in its family member " art of drainage of the haematoma inside left head " , because the family member abandons cure, turn into nerve internal medicine to observe, give pair of disease cure, patient consciousness obstacle is not had improve. The patient forms sudden breath to throb to stop death suddenly because of cerebral hernia after.
Court of first instance thinks, the patient is damaged in activity of diagnosis and treatment, medical establishment and its medical personnel have fault, assume liability to pay compensation by medical establishment. Because this case patient suffers from a disease to be in bound head assist treat with the hospital, the sequential existence part that behavior of its diagnosis and treatment and patient die finally is causal, via appraisal orgnaization appraisal its are participated in degree it is about 30% , bound head assist ought to assume corresponding liability to pay compensation with the hospital.
During 2 careful, patient family member refers the administration that city sanitation and family planning committee make to punish decision book, the doctor A that plans to prove a patient, assist because doctor A is registered without the doctor,obtain with the hospital hold industry letter is engaged in a doctor hold industry activity is punished by administration, bound head assist ought to assume full responsibility with the hospital. 2 careful court thinks, appraisal of this orgnaization of case classics appraisal, assist the part of dead consequence existence of the medical treatment error with the hospital and patient is causal, participate in degree it is about 30% , patient family member is put in behavior of illegal practise medicine to request a court decision with doctor A assist assume the liability to pay compensation of 100% with the hospital, without fact and legal basis.
Law brief analyse
In recent years, the case of medical treatment dispute that illegal practise medicine causes is absent a few, be in a few remote regions especially, phenomenon of illegal practise medicine is more serious, to people healthy caused great menace with life safety. Forge besides anamnesis besides, the doctor does not have relevant aptitude, medical establishment illegal practise medicine also is we are recieving what in seeking advice, often hear to have square point of view, and its think normally medical establishment is put in behavior of illegal practise medicine, ought to assume total liability to pay compensation. With respect to union adjudgement carries out a circumstance below, undertake brief analysis to the pertinent question of illegal practise medicine.
One, how to hold action of illegal practise medicine?
Illegal practise medicine, it is to point to disobey People's Republic of China " hold law of doctor of course of study " , " medical establishment regulation " , " nurse government measure " wait for laws and regulations of law of medical treatment sanitation, did not obtain " medical establishment hold licence of course of study " orgnaization and the personnel that do not have practise medicine qualification violate the act that has medical treatment activity, and although possess practise medicine qualification but the behavior that exceeds the do sth without authorization of course of diagnosis and treatment that register to develop medical treatment activity. The illegal practise medicine on broad sense covers a range wider, include the following kinds of state roughly: It is to begin the place of behavior of diagnosis and treatment to was not obtained " medical establishment hold licence of course of study " , 2 it is medical establishment do sth without authorization is begun without approve or the item that require special license, special license, the medical hairdressing that compares popularity in last few years for instance, 3 be did not gain doctor competence or already gained doctor competence but obtain without registering hold the personnel of industry letter undertakes medical treatment activity, 4 it is a doctor not according to hold on industry letter hold limits of course of study and hold industry spot practise medicine. Behavior of normative medical treatment service, favorable medical treatment environment and medical treatment order are the main base of rights and interests of safeguard people health, because of this country Wei Jian appoint waited for near future of 8 ministries and commissions to announce " medical treatment chaos resembles program of special punish action " , requirement severity blow is of all kinds break the law violate compasses hold trade act, each province city also began the special operation that hits illegal practise medicine energetically in succession. To medical establishment and medical personnel, ought to observe legal standard strictly, lawfully hold course of study, lawful practise medicine, cogent the responsibility that assumes a rights and interests of safeguard people go to a doctor, because violate behavior to get,also avoid oneself at the same time corresponding legal sanction.
2, the law of illegal practise medicine is sequential.
" medical establishment regulation " the 44th regulation, did not obtain " medical establishment hold licence of course of study " do sth without authorization hold of course of study, by sanitation of government of people of prefectural class above service instructs his to stop hold industry activity, confiscate illegal income and medicines and chemical reagents, weapon, can be in according to the clue with 10 thousand yuan of the following amerce, " medical establishment regulation carries out detailed rules " the 77th made detailed condemnatory provision correspondingly again. At the same time " hold law of doctor of course of study " thirtieth sets 9 times, perhaps be not doctor practise medicine without approving practise medicine of medical establishment of open of do sth without authorization, by sanitation of government of people of prefectural class above service is given ban, confiscate its to violate earning and its medicines and chemical reagents, appliance, be in 100 thousand yuan of the following amerce; To doctor revoke its hold industry letter; Cause to the patient damage, assume liability to pay compensation lawfully; Those who make range, investigate criminal duty lawfully. " the practise medicine that do not have card investigates working standard " in stipulated wholesome service is in make lawfully while administration is punished, should move the case in time according to the regulation the case that sends apanage public security office. Can see from this, the behavior of illegal practise medicine can offend not only civil liability, administration responsibility, put in the legal venture that enters a blame even: Basis " criminal law " the 336th the first, did not obtain a doctor hold the person of job seniority is illegal practise medicine, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; Damage health of body of person seeing a doctor badly, be in 3 years of above 10 years the following set term of imprisonment, punish gold; Cause person seeing a doctor to die, be in set term of imprisonment of 10 years of above, punish gold.
3, is illegal practise medicine assumed to civil liability He Ying rings?
" tort liability law " fiftieth set 8 times " the patient has damage, because of one of following scenario, illative medical establishment has fault: (one) lawbreaking, administrative regulations, regulations and the regulation with other concerned normative diagnosis and treatment; (2) hide or reject to provide the anamnesis data that concerns with dispute; (3) forge, distort or data of anamnesis of destroy by melting or burning. " , this establish medical treatment harms the applicable to medical establishment fault is illative state in liability issue case, square much also meeting suffers from to choose to use this regulation to find out the liability to pay compensation of medical establishment in practice, but does the problem depend on whether direct basis is this illative hospital complete duty? From the point of judicatory practice, the court is when the case that hears illegal practise medicine to send medical treatment to damage, much meeting is with cognizance medical establishment of illegal practise medicine in the process of diagnosis and treatment to the patient existence fault, but delicacy is rare and direct illative complete duty adjudicative circumstance. General metropolis combines judicatory appraisal opinion and front courtyard careful to investigate a case, and medical establishment the clue of illegal practise medicine considers inside, make responsibility finally differentiate to both sides of doctors and patients.
To ensure the safe go to a doctor of social community, the standard also is in the medical treatment law of our country to be perfected ceaselessly, to medical establishment and medical personnel, lawfully practise medicine should be its are the basiccest hold trade demand, medical skill is root, medical ethics be this, medical establishment and medical personnel are only strict according to practise medicine of standard of law law plan, ability develops the normative sense of the system. But also should remind at the same time suffer from square, want adj treatment the medical knowledge on the network, understand the complexity of medical itself, what understand laws and regulations of medical treatment law correctly is applicable, mo Yin oneself pays no attention to solution to what law reachs medicine, the adverse position in authority of him park dimension.
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