The patient becomes " Potential plaintiff " Solve doctors and patients' dispute and call the new method
Stop up the door edition: One hospital of provincial capital " The mouths of brothers are ill " 2 -year-old daughter of Zhengzhou citizen Chen has a fever, twitches, vomits, ask and manage the incident in the some the first, second and third hospital. After the doctor has checked, saying suffers from " upper airway infection " ,Arrange the infusion. Until the fact that noon next day, high fever does not still retreat continuously. Parents suspect that diagnose that wrong, inquire doctor child's condition repeatedly, the doctor proposes letting the child come back home to send and sweat and have a look. One this sweat unexpectedly, child four limbs take place cool unexpectedly, health shivered, showed the whites of one's eyes ceaselessly. When and then reach the hospital, the doctor sees flurried, say child's expression in one's eyes needs rescuing badly wrong, but the breathing machine of this institute, unable to sue and labour, assigned the critically ill notice immediately, require parents sign, propose, transfer from one hospital to another the child. Transfer from one hospital to another, child make a definite diagnosis of for serious the intersection of mouth and disease, brothers of disease, appear lung bleed, breathe many kinds of complications such as being depleted already. After rescuing more than 13 hours, the child leaves this world. "It is heavy disease and brothers' port disease obviously, why Yes been managing according to ' upper airway infection ' all the time? " Parents and hospital carry on negotiations, originally this courtyard admits children have got heavy disease and brothers' mouth disease, but flatly denied again later, did not admit that there is any fault. Chen messes banners up at the front door of the hospital, furnish with to offer as a gift, take the picture the child, call relatives and friends, at least five six people in every day, forty or fifty people stop up at the gate of hospital at most, sustain half a month while being such and such. Nowadays, Chen has already told to the court, judicial expertise is in applying too. The edition of appealing for help: One hospital of Xinzheng " The vegetable " The incident " even if I piece together this handful of old bones, should put down one reasonably for the son! Unexpectedly a minor operation lets my 59 -year-old son become the vegetable! " 86 -year-old the intersection of Xinzheng and rural the intersection of old lady and maos of some say she " bitterly hate " to these hospital now . The old man's son Liu, became vegetables after one city the People's Hospital accepted the gallbladder and excised the skill on November 5, 2008. As to cause of accident, the intersection of patient and son of Liu say, should anaesthetize doctor, make general anesthesia, the patient has taken the wireway of the throat away under postoperative situation not totally reviving, it is not smooth to cause breath, cause the oxygen deficiency of brain, and does not rescue in time. These statements have been confirmed in the judicial testimonial. Judicial expertise thinks the hospital bears complete responsibility to this accident. The patient's son is this municipal public security bureau police, it is inconvenient to adopt stopping up too drastic behaviors such as the door,etc., but been chosen the legal route, but the court does not adjudicate even after stalling for a long time. Then Liu appeal for help step by step incessantly, from Municipal Health Bureau to national Letters and Visits Bureau. Appealing for help has a result after all, the hospital successively compensated them to treat the fee of 310,000 yuan. But they pay nearly 800,000 already, think hospital should it compensates more to be. After appealing to the court, has already carried on court's trial so far, before pronouncing and needing time. Doctors and patients conflict know how much " produce doctors and patients behind the dispute, take the fierce form, the hospital may not admit; Take the gentle form, the hospital may give in. " While giving an interview, save a person in charge of department of public health to say in this way. He thinks, " there is not any doctor that will intend not to cure the patient's. Once accidents happened, the intersection of patient and relative either appeal for help, or make in the hospital, even fight doctor, bungle in the hospital. Frequently, doctors and patients' conflict is really fierce. " This person in charge is unwilling to reveal figures and cases of the conflict of doctors and patients of the whole province, but combine and speak with concealing anything, " basically there are either large or small doctors and patients' disputes every year in each hospital, there even are some hospitals every month. " Zhengzhou the intersection of Municipal Health Bureau and medicine correct, reveal to city owned 12 above- second -class incomplete statistics that hospital make by one data, from 2006 to 2008, certain scale and dispute of doctors and patients on influence reached 210, total value of compensation is more than 4 million yuan. Curing the incomplete statistics of Law Committee of the thing according to the bar association of Henan Province, the lawyer of our province acted for 964 medical dispute cases together in 2009, the intersection of acting and the intersection of school and 521 among them, agent suffer from 443 of side, adjudicate 526 together, mediate 295, recall the lawsuit 34. The above-mentioned data, just the iceberg corner, the ones that solve privately and ending up in nothing definite, took the overwhelming majority. Some in the field reputable lawyer of a branch of Zhengzhou of lawyer's office in historical development Beijing of the relationship between doctors and patients, it was a medical personnel originally, been paying close attention to the development of the relationship between doctors and patients all the time for many years. She summarizes four stages when the relationship between doctors and patients develops: First, the patient is " The comrade " Era. After new China is established until the seventies of last century, the hospital regarded patient as " comrade " . The whole people enjoy public health services, though the condition is bad, do not need to pay the bill, has not cured and can enjoy the treatment of industrial injury, it is inconvenient for the patient to talk about the thing of the hospital too. Second, the patient is " God " Era. Since encouraged hospital to compete in the market at the beginning of the eighties of last century, the hospital wanted oneself to earn money, apply the commonly used one mechanically commercially " The customer is God " Idea, patient regard as "God " ,The patient's ego consciousness is promoted unprecedentedly. Third, the patient is " The relative " Era. With " God " More and more, at the beginning of the 1990s by the end of the eighties of last century, the hospital thought the hospital is neither depending on a patient one-sidedly, can't lose the patient, should strengthen emotional input except medical care, it should be like relative to treat the patient. Fourth, the patient is " Potential plaintiff " Era. With the enhancement of people's concept of the rule of law, demand the statement and nearly take action as the whole people, what has been demanded the statement is more and more that the malpractice happens, the hospital regards patient as " potential plaintiff " secretly ,Let the patient sign and affix one's private mark easily, responsibility is conceited. "The relationship between doctors and patients, so become nervous step by step. " Lawyer Tian concludes, " actually, the relation between doctor and patient should be relations between server and customer, needn't lift and does not need to belittle either. Everybody fair, often the heart treats the other side, does not hope, not neglect one's duty, the conflicts of both sides do not have motive power. " "Doctors and patients' dispute is mainly fault of the hospital, really because the patient does not cooperate the dispute of doctors and patients that lead to the fact is few. " A slippery lawyer of Haworth Lexon in Henan analyzes, " the reason has two subjective and objective respects: From talking objectively, at present, the patient is fond of crowding few large hospitals, ' turnip will not wash the mud quickly ', doctors can not take care of over either. From explaining subjectively, in the face of various enticement of economics and society, some doctor medical ethics drops, the sense of responsibility is not strong, the medical course is not serious and rigorous. " Solve doctors and patients' dispute, old way and new method According to the introduction of a Vice President of one hospital in the provincial capital, the medical dispute appeared in the past, roughly have four kinds of choices: First, both sides consult. Once discuss and does not comb, present conflict incident of stopping up the door, cursing and beating the medical personnel etc. easily. Second, apply for the malpractice to appraise. Expert and hospital appraising the malpractice belong to a system, the patient feels about its fairness Anxious, the majority is unwilling to apply to appraise. Third, litigate. The professional lines of the medical dispute is too strong, add much uncertainty on medical science, it is very complicated to engage in the medical dispute lawsuit, it is long, with high costs. Fourth, ask to arbitrate to the arbitration commission. This Vice President says frankly, because the patient distrusts the medical organization, health authority, a lot of contradictions of doctors and patients are difficult to mediate. Zhengzhou the intersection of municipal government and the intersection of legal system and the intersection of office and the intersection of regulation and the intersection of and person in charge recommend, solve medical new way of dispute, this is " The third party coordinates " ,Set up " Doctors and patients' dispute people's mediation committee " . Doctors and patients mediate in dispute the member is generally made up of respects such as leaders with specific duties of department such as the administration of justice, hygiene,etc. and deputy to the National People's Congress, member of the CPPCC National Committee, medical science, law,etc. professional personage, full-time some, some hold a part-time job. People's mediation committee one the intersection of neutrality and organization, independent of hospital and suffer from side, its public trust is easier to approve by doctors and patients of both sides. The legal system office of government of Zhengzhou has already drafted <
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