Star of Zhang Jia of reporter of daily of science and technology
This year the beginning of the year, an investigation that comes from Chinese doctor association shows, the doctor of 62% has produced the medical treatment issue of different level, the doctor of 66% has experienced the conflict of doctors and patients of different level.
These two sober number backside are ten million however or strange flower, or sadness, or violent, or merciless negative energy story. Searched the dispute of doctors and patients that causes overheat to discuss simply: In September 2017, a patient family member of take a turn to be out of danger comes to Wuhan university in south the compensation that clothing and other articles of daily use destroys when the hospital asks for rescue, can weighs strange flower; March 2014, because the tegument of medical treatment meaning of nonexistent error dies,ultra behavior causes patient family member suffer from on Doctor Zhang Shilin of depressed disease commits suicide, tear making a person looks; In January 2016, boreal cure 3 courtyards department of gynaecology and obstetrics dies puerpera family member is hit be bungled, mixed and disorderly spot tells force soundlessly; 2015, paediatrics doctor of a Shanghai because little patient parent " you did not have a meal, involve my fart issue " and feel sad, again thick to the child's love also cannot mask the callosity like this verbal knives.
To prevent from fountainhead and reduce these the dispute that is negative energy completely happens, " precaution of medical treatment dispute and processing byelaw " (the following abbreviation " byelaw " ) the 13rd times by the State Council standing conference was passed on June 20 this year, will apply at will rising on October 1. On September 7, council of national sanitation health holds a press conference, the introduction " medical treatment dispute prevents and handle byelaw " concerned circumstance.
Authority of know the inside story has new regulation
"Who is patient family member, sign please. " in work of drama of movie and TV often the scene outside such emersion surgery, the doctor explains a few simply in corridor, be about to carry out the operation that endangers life possibly, ask the family member signs, make clear be willing to assume risk undergo surgery.
No matter whether such scene and reality are consistent, after new orders is carried out, this setting will not accord with a regulation.
Orders provision: Medical personnel ought to show illness and medical treatment measure to the patient in activity of diagnosis and treatment. Need carries out an operation, perhaps begin the existence such as clinical trial to produce the special inspection of undesirable consequence, special treatment dangerous sex, possibly certainly, medical personnel ought to show medical treatment risk in time to the patient, replace the situation such as medical treatment plan, obtain its written agree; Be in in the patient insensible wait for the state that cannot make a decision independently or the illness is unfavorable to the patient the case such as the specification falls, ought to explain to close relative of the patient, obtain its written agree.
"Sino-Japanese and friendly hospital begins major operation know the inside story to inform testimony work from 2014. " Sun Yang of dean of Sino-Japanese and friendly hospital expresses, room of operation criminal record informs medical affairs handles the talk before attending art, suffer from square relevant and lineal family member to show up, listen to the patient patient's condition, preparation before replacing venture of means of medical treatment plan, operation, operation, method jointly circumstance and beforehand case, charge waits a circumstance a moment, deepened the understanding between doctors and patients.
Sun Yang thinks, smooth communication is on guard to dispute the effect is distinct -- more than 500 case of illness that participates in testimony, fruit of curative effect of most patient examine is good, among them of the patient cooperating also is main factor, these did not produce medical treatment issue in case of illness.
But, the condition with a lot of critical conditions, the doctor wants with Azrael against time, discuss without assembly of time call together, define circumstance. A doctor told about medical treatment accident one case on rich guest, heavy lying-in woman of a danger dies in rescue process, although hospital all flow are correct, but be sentenced to compensate for by the court however, the reason is tripartite " expert " think, the hospital is during patient rescue, CT is jumped over to examine direct operation below the case that did not argue so that the family member agrees, have responsibility. Such sentencing punish, although indemnity is not big, but in mentally your popular feeling fills in.
Issue of life and death is large, deciding the juncture of life and death, authority of know the inside story should give place to life counterpoises. For this, the regulation in byelaw: The patient cannot be obtained below emergency or its are close of relative opinion, via medical establishment controller or the chief approval of accredit, can implement relevant medical treatment measure instantly.
Processing interprets rule
In a few case of associate with, "Compounding " the have to choice that often makes patient and medical establishment.
New orders gives out this both sides of doctors and patients has 5 ways to solve a problem: Both sides talks things over of one's own accord; Apply for people to mediate; Apply for administrative mediation; To people court to lodge a complaint; The other way that law, code provides, among them people mediates channel to be regarded as dispute to handle advocate channel.
"Flexible, convenience, do not collect fees. " national Wei Jian appoint the 3 big advantages that red summary of Guo Yan of deputy director general of bureau of canal of cure politics cure gives people to mediate, she expresses, carry out a proof, people mediation is to dissolve contradictory, calm confused to stop the efficient way that argue.
Shen Weixing of dean of courtyard of Tsinghua university law expresses: "" byelaw " this one practice experience rises for legal standard, guide both sides of doctors and patients to settle medical treatment dispute through people mediation further through particular system.
According to introducing, people of medical treatment dispute mediates an organization to have more than 6400 at present, area of class of basic implementation county is enclothed completely. Jiangxi saves wholesome family planning appoint canal of cure politics cure grows Introduction Luo Lisheng everywhere, committee of mediation of people of dispute of Jiangxi province medical treatment is in of province, city, county enclothe rate for 100% , anthology hire people adjuster more than 1100, committee has independent office place and full-time staff member. "The charge that people mediates is fulfilled by the finance that be the same as class, illicit of adjuster justice impartiality, also do not need to consider to support the issue of bag waiting for money correctly. Also do not need to consider to support the issue of bag waiting for money correctly..
Just sex is the premise that handles medical treatment issue, scientific sex is the foundation that handles medical treatment issue. Shen Weixing introduces, "Just sex can be ensured through system design, professional problem can be ensured by appraise sth through discussion of expert of person of the same trade only.
Accordingly, byelaw makes clear a regulation, medical treatment damages appraisal to ought to be undertaken by the professional such as the clinical medicine of major of experience of appraisal item place, medical jurisprudence, right of advisory expert chose a regulation.
"Medicine is met or if judicatory appraisal orgnaization does not have relevant professional, the expert of draw-out and relevant major has identification among the expert warehouse that ought to establish jointly from service of wholesome, judicatory. " Guo Yan Gong says, byelaw accredit sanitation is healthy at the same time appoint make medical treatment damage appraisal government measure with judiciary jointly, refine and measure.
Compensate for means diversity
" medical treatment dispute prevents and handle byelaw " in the 7th in regulation, "The country builds risk of perfect medical treatment to partake mechanism, the tripartite compensate in developing insurance mechanism to be handled in medical treatment dispute pays the effect that partakes with socialization of medical treatment risk, encourage medical establishment to play danger of medical treatment responsibility, encourage a patient to play danger of medical treatment accident. Encourage a patient to play danger of medical treatment accident..
Shen Weixing expresses, compose builds complete risk to partake mechanism, conduce to the settlement of dispute of doctors and patients. At present the risk of our country partakes mechanism, include a place difficult of access of danger of medical treatment responsibility, medical treatment accident, former assume by medical establishment, latter is assumed by him patient. The range of responsible compensation is distinct also, when main body of medical treatment responsibility is medical establishment danger of responsibility of applicable medical treatment, circumstance of medical treatment accident happens to be given to the patient by accident danger in activity of diagnosis and treatment pay insurance gold.
According to introducing, the whole nation had more than 110 thousand medical establishment to attend medical treatment responsibility to be sure, more than 20 province such as Beijing, Jiangsu builds tone to protect join working mode.
"Xuzhou city is helping each other in pilot risk golden system, by medical establishment in proportion capture Fu Jianli ' coadjutant Jin Chi ' , when responsibility compensatory specified amount is less than 20 thousand when, compensation is given by coadjutant Jin Chi pay. " Jiangsu saves wholesome family planning appoint Zhang Jinhong of section chief of department of tube of cure politics cure says.
"This byelaw makes clear provision of law of according to of forehead of medical treatment damages to undertake deciding, mean the compensatory standard with medical treatment damages and average person applicable and same damages actually. " Shen Weixing is recollected, 1987 " unskillful and faulty medical or surgical treatment handles way " set only give have compensation of square one-time economy, namely " fill only not compensate " ; 2002 " unskillful and faulty medical or surgical treatment handles way " admit the patient has the right that acquires compensation, and set compensatory project and standard clearly, but compare with general person damages phase, existence standard crosses small issue.
