The behavior of violent injury cure is condemned by social masses place all the time. This year on two meetings, countrywide National People's Congress represents Ge Minghua to put forward, force hurts cure to answer from severe deal with, measurement of penalty should compare average criminal case more severe. The duty of medical personnel is heal the wounded and rescue the dying, with cooperative relation is between the patient, ought to trust each other and respect, if be in process of diagnosis and treatment, remedial effect cannot achieve patient satisfaction, medical personnel can be harmed by force, this is legal problem not just, still be a society the problem of sincere letter and citizen morality accomplishment. In last few years " cure is troubled by " incident frequency hair, the white garment angel that allows cure the sickness to save the patient people practice hard to raise medical skill to be boiled painstakingly at the same time, at the same time the life that be nervous worries about him is safe, whether be necessary to add severe punishment to punish our not express an opinion, the article undertakes an analysis from legal level with respect to the our country's current violent incident that hurt medical service only. Cure law assembles network of medical treatment lawyer
▼ force hurts cure big event
Case: Some and other affray send the accused week, be sent to cure of division of accuser hospital emergency call. Because be before dawn and rest in doctor duty room without patient accuser, in be on duty the nurse is informed come after the patient, the doctor prepares to examine at once, when with be on duty the doctor is on duty, the accused Zhou Mou, Xue Mou sleeps, visit a patient at home is slow for, the accused Xue Mou uses head of fist stroke doctor to produce brawl, let a doctor be treated as soon as possible. Fasten a physician because of should be on duty, without law cure, division of emergency call of the person that inform then cannot be handled, need to go pectoral surgery is treated, some listens to the accused Xue this case, get stuck to be on duty with the right hand the doctor is cervical press its go up in wall. After the policeman checks after, send its to surgery of this courtyard bosom to treat again. Staff of last experience work is given administration detains 10 days to punish a 500 yuan punishment. The court exists via trying the behavior of cognizance the accused apparent fault, the agree carries all and civil responsibility.
On December 14, 2018, doctor of the malign incident that hurt medical service takes Hubei examine is chopped;
On September 14, 2018, lanzhou is especially big and violent doctor of the incident that hurt medical service is held the knife is chopped;
On July 12, 2018, tianjin Doctor Zhao by 3 gangsters innocent assault is chopped to die;
On March 14, 2018, the Anhui province some hospital doctor is gotten on in working station to death by gangster disclose;
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Does ▼ suffer violent medical personnel whether enjoy inductrial injury treatment?
The person that the force in article case is carried out assumed corresponding administrative responsibility and civil liability to pay compensation, so is the medical personnel that is harmed by force returned besides winning civil compensation whether enjoy inductrial injury treatment? Basis " byelaw of inductrial injury insurance " the 14th the 3rd section provision, the worker is inside working hours and working place, because fulfill what working duty is harmed by the accident such as force, ought to maintain for inductrial injury. Because this medical personnel is sufferring force to hurt cure to bring about,can enjoy inductrial injury treatment what damage, relevant charge is undertaken disbursement by social insurance fund. But at the same time this law set, officeholder and consult the staff member of organization of the institution that officeholder law runs, society suffers an accident to harm what perhaps contract occupational disease because of the job, it is to cannot be maintained for " inductrial injury " , need consults " officeholder law " relevant provision is enjoyed " public injury " pay.
▼ force hurts cure to introduce " blacklist "
In fact, the violent incident hurting medical service that happened 2018 is far more than and such, the doctor's terminal case happens from time to tome, medical establishment became the drain mouth of social force unexpectedly. "Violent injury cure " unlike average medical treatment issue, its property is examined in ethics falling is " return good for evil " behavior, come up from law looking is " illicit force is relieved " illegal behavior, it is a kind of force, uncivilized attack behavior. The force that face long-standing and grows in intensity hurts cure incident, on October 16, 2018, 28 branches combine print and distribute " about order of normal to serious harm medical treatment break one's promise memorandum of collaboration of chasten of executive combination of behavior responsibility person " (the following abbreviation " memorandum " ) announcement, kill cure to hurt to force cure and wait to endanger order of normal medical treatment badly in affray of medical establishment provoke break one's promise behavior, build break his promise soundly associated chasten mechanism. " memorandum " in alludes serious harm is normal of medical treatment order break one's promise behavior is to point to source of number of hospital of buy in and sell at a profit to wait destroy, the experience medical science of order of normal diagnosis and treatment violates disturbed hospital guilty activity. " memorandum " middle finger goes out, will violate guilty activity to carry out or participating in experience medical science, be in detain above punishment with administration, or be found out the endangers order of normal medical treatment badly natural person of punishment duty carries out associated chasten. " memorandum " in clear still, afore-mentioned personnel will be enjoyed favourable sex policy by limitation, cannot hold the position of senior administrator and the penalty such as the officeholder that be by action collection.
▼ force hurts cure to be not gotten " be out of pocket is begged solve "
Protective medical service protects the person security of personnel, the policy code with perfect formulate, compose builds harmonious medical treatment environment already no time to delay. Besides afore-mentioned 28 branches release jointly " memorandum " , relevant section also issued all sorts of policy in succession, hit the violent incident that hurt medical service then.
Shandong saved wholesome family planning 2017 appoint, Shandong province put together is treated do wait for 14 branches to be released jointly " dispute of the medical treatment below good about doing new condition deals with integratedly working opinion " , point out clearly, right " cure is troubled by " , force hurts medical service or the incident such as order of serious disturbed and normal medical treatment should press legal process strictly to undertake dealing with, must not " beautiful Qian Maiping is installed " , must not " compromise changes tune " , must not " be out of pocket is begged solve " .
▼ force hurts cure to enter punishment
2015 " criminal law amendment (9) " criminal law the 290th the first long instead: "Gather a crowd disturbed society order, the clue is serious, cause the job, production, do business to cannot undertake with education, scientific research, medical treatment, cause serious losing, to first member, be in 3 years of above 7 years the following set term of imprisonment; Right other and active attend, manage battle of 3 years of the following set term of imprisonments, arrest, control right of privative perhaps politics. Manage battle of 3 years of the following set term of imprisonments, arrest, control right of privative perhaps politics..
▼ force hurts cure to severely treat
Highest 2016 check is released " the opinion that offers strong judicatory safeguard about fulfilling procuratorial work function to be built to advance healthy China in the round " the blow strength that increases crime of pair of experience medical science, punish lawfully gather a crowd dozen be bungled, random is marred take up medical establishment property, jeer in medical establishment make trouble, cause the crime that medical treatment cannot have; Punish to set mourning hall in medical establishment illicit lawfully, violate compasses stop cadaver, lay wreath, burn paper made to resemble money and burned as an offering to the dead, pensile banner, seal traffic of a gate, block, the crime of serious disturbed public order; Carry appliance of firearms, ammo, control illegally the crime that sex of volatile perhaps, radioactivity, harm, caustic article enters medical establishment to endanger public safety. Ought to put forward to severely treat lawfully to afore-mentioned objects, not applicable probation, applicable prohibit making wait for measurement of penalty to suggest.
Medical establishment is the divine place of heal the wounded and rescue the dying, the behavior of violent injury cure is so called not just " retaliation, punish " medical personnel, of final fall victim still is the rights and interests of broad patient. Serve as patient and family member to ought to make allowances for the actuating pressure of medical personnel and hardship more, medicine is beneficent, but also be helpless. In level of current diagnosis and treatment, not all disease can be cured. "Go curing sometimes; Often go helping; Always go comforting " . Will tell to medical treatment industry, curing is sometimes, not be infinite, medicine is incurable all diseases. What at the same time medical personnel also wants to make allowances for patient and family member in diagnosis and treatment is anxious the mood that demands medical service, the angle reason that stands in the patient is communicated, let regression of relation of doctors and patients arrive to resist jointly on the right path of the disease.
(law of department medical service collects the article to be achieved formerly, adapt according to real case, all use assumed name to protect party privacy)
Toward period wonderful reviewing
? Litigant changeover! Does judicatory appraisal participate in degree of = liability to pay compensation?
? Signed to go back on his word again, does intercessory agreement have effectiveness after all?
? Credulous " secret recipe of specially good effect " , compensate life also hole hospital
Thought of doctors and patients fors the time being, with respect to law seeking medical service the law that collect cure assembles network of medical treatment lawyer
