On December 12, the thirteenth Lecture Forum on Cases sponsored by the Judicial Case Study Institute of the Supreme Peoples Court and sponsored by the Chinese Medical Association was held in the Chinese Medical Association. The seminar took the recent Medical Dispute in the First Hospital of Peking University and the typical cases of medical and medical disputes in various places as samples to discuss the law concerning medical illegal and criminal acts and medical damage compensation disputes. The application of law.
In a case of medical damage liability dispute between Liu Mou, Gao Mou and a childrens hospital, the handwriting of emergency medical records written by medical staff in the medical record manual is so scrawl that it is difficult to identify, which eventually leads to the judicial appraisal institutions unable to identify the contents of medical records in the identification of medical errors and causality. Finally, the appraisal opinion issued by the judicial appraisal organization is that the participation rate of medical fault in a childrens hospital is 10%-80%.
Later, court judges spent a lot of time and energy checking with both parties, which made part of the content confirmed, but there are still some text content difficult to identify. Chen Xiaodong, Director of the Executive Board of the Peoples Court of Chaoyang District, Beijing, said in sharing a medical damage liability dispute case, the relevant laws clearly stipulate that hospitals should bear the burden of proof on the issue of whether to fulfill the obligation of informing. The completion of the writing of medical records by hospitals should comply with the legal provisions and medical norms. The adverse consequences of the identification should be medical treatment due to the impact of the writing of medical records. Institutional commitment.
Professor Long Yifei of Renmin University of China said that medical activities are a cross-cutting area between professional and technical services and general transactions. They include medical expertise, modern medical technology services and the use of medical products. The liability of medical products should also be considered when defining medical disputes. The burden of proof in medical disputes is divided into two parts: one is that the hospital bears the burden of proof in view of whether the medical behavior is justified, whether it meets the doctors standard, and whether it fulfills the medical obligation of the hospital. Second, if the patients damage is a problem, the burden of proof should be borne by the patient himself.
Zhou Yonggang, deputy director of the Civil Affairs Department of the Civil Affairs Department of the Supreme Peoples Procuratorate, suggested that the physician Association and the judicial administrative department should unify the medical malpractice appraisal and the medical fault appraisal so as to avoid duplicate appraisal or the contradiction between the two appraisals. For medical records, we should strengthen supervision and inspection, avoid the irregular writing of medical records, improve the inquiry system, more fully guarantee patientsright to know, and reduce the occurrence of related disputes.
Can hospitals be defined as public places? Some judges have proposed that in practice, most of the charges against medical-related crimes are crimes of intentional injury and provocation. However, for the group impact on hospitals and medical institutions, because there is no clear judicial interpretation to determine the serious situation, it is impossible to convict people to disrupt social order.
Deng Liqiang, director of the legal department of the Medical Association, said that in some cases of violent injuries, some prosecutors do not prosecute, some convictions do not measure sentences, and some directly carry out administrative penalties. The handling of such cases of medical disputes at the grass-roots level is relatively simple, which has aroused the dissatisfaction of many medical staff, and there are still some places to think about.
In many cases, minor injuries have been caused to medical staff. Should we be held accountable for the crime of disrupting social order? Laying wreaths and setting up spiritual halls in wards and outpatient halls disrupts the normal order of diagnosis and treatment, violates the interests of hospitals and other patients. Zheng Xueqian, Standing Vice-Chairman of the Medical Legal Professional Committee of China Hospital Association, said that hospitals should be clearly defined as public places to strengthen legal deterrence.
Gao Shukuan, deputy director of the Medical Administration Center of Peking University, believes that legislation should clearly stipulate that hospitals are public places that concern the safety of patientslives. To ensure the safety of medical institutions is not only the responsibility of internal insurance of medical institutions, but also the effectiveness, authority and deterrence of law enforcement power. Many cases of abuse, entanglement, pushing and beating people without evidence are blank areas of law enforcement and should be emphasized. Look at. ?
Source: Responsible Editor of Zhonggong Network: Han Jiapeng_NN9841