Only 1 is solved as the medical dispute lawsuit Trend of making a noise of medicine

Only 1 is solved as the medical dispute lawsuit Trend of making a noise of medicine
Medicine makes a noise: The pragmatism " Safeguard the rights " Predicament medical in dealing with under pragmatism of dispute function," whether make a noise medicine " Have become one is new developing " The job " ,And its " private strength relieving type " Essence instead cover. With the getting involved with strength of public security department, this kind of pragmatism " safeguards the rights " Will sink into and face a difficult choice further Reporter / Li Yang (release from Guangdong) " solved at last, " Another end of the telephone, lawyer Zhang Yi (assumed name) Tell " Chinese Newsweek " out of puff, " 60,000 yuan, will not make a noise. " Zhang Yi is a lawyer of Haworth Lexon in Guangdong Province, serves as the legal advisers of local a dozen hospitals, the groundwork is to assist the hospital to put down " Medicine makes a noise " Incident. So-called " cure and make a noise " ,Use " Make a noise " Way settlement medical dispute. Zhang Yi " Medicine makes a noise " Divided into three kinds: The first kind suffers from square relatives to make a noise; The second kind is to ask the fellow-villager to help to make a noise together; The third kind spends money hiring the person to make a noise simply. The last kind is a job " Medicine makes a noise " . " according to angle that the dispute solves that southwest politics and law university professor Xu Xin says to " Chinese Newsweek ", ' medicine makes a noise ' to belong to one ' private force is relieved ' behavior. " Xu Xin writes the book of " relieves in terms of private strength ". In his view, " private strength is relieved " ,Mean citizen's right is encroached on, does not pass the government office and due course of law, and depend on one's own or private strength and solve the dispute, realize the right. It is citizen's a way to safeguard the rights through private strength - -The civilian worker puts down the firewood, folk and exacts debit, the private detective belongs to " Private strength is relieved " . " anyway a thousand we of Third Five-Year Plan Period do not want " Lawyer Zhang Yi said " Have solved " "cure make a noise " The incident, " medicine makes a noise " once which the reporter experienced personally before half a year Drama. Two seven eight -year-old child's elongated calico banners, a Northern Station of the south one is on both sides of clinic gate of institute of traditional Chinese medicine of Foshan of Guangdong Province. Writing on the banner " Return father to me, return justice to me, redress a grievance for me " . It is the child's mother on one side, a woman of another part of the country over 30 years old, wear the white clothing of filial piety, the whole face is angry. The banner " seals " the hospital gate tightly like paper strip seal Stand up. In the 3 million more than prefecture-level city of people, have numerous patients as tertiary first rate the intersection of Foshan and the intersection of city and institute of traditional Chinese medicine of hospital. Patient coming one after another, or the cat burns every one of waist is " bored" from the banner In hospital, or enter the hospital from the other entries under the dredging of security personnel. "The hospital no matter manages really. " A patient complains. The hospital is not as unmoved like what the patient complained. Xiao Pan who the institute runs is served as " Reconnoiter " Work, she is responsible for reporting the development of state of affair to medical matters subject as soon as possible. At over 5 o'clock in the afternoon, the women in clothing of filial piety finished answering a mobile potable phone, sat suddenly and wailed to make a scene on the ground. See this, Xiao Pan goes upstairs at top speed, rushes into section chief's office and shouts: "Have made a noise again. " Hearing Xiao Pan's report, section chief Zhang ZhaoHua of the medical matters bounces from chair violently, browse the directory promptly with the finger trembling: "Phone lawyer quickly. " Zhang ZhaoHua is besides serving as section chief of medical matters, the Chinese medicine doctor of traumatology's director of bone, the clinic happens three times every week. Came in more than one week, his nothing appeared. "Twine in these medical dispute all day, hair has grown up, where to have energy to handle patient's disease. " He says to " Chinese Newsweek ". It is such that the reason of the thing arises: From Hunan native place to spring plough Wang that Foshan work as a temporary labourer, have a fever, get the intersection of Foshan and the intersection of city and institute of traditional Chinese medicine diagnose the illness, the doctor diagnoses as cold. The next day, the king did not think the condition take a favorable turn, went to the hospital to seek medical advice again. In one days, king think, well, continue, get hospital diagnose the illness until the intersection of wife and whom Chun Wang spend accompany, line up to hand in time-consumingly and faint suddenly. He is sent the emergency call to rescue, and then change over to ICU again. Soon, the hospital announces, all rescue measures proved ineffectual, patient's death. The intersection of spring plough and the next day under death Wang, Chun Wang spend with other 5 friend finding the intersection of medical matters and department, criticize the hospital for diagnosing that wrong, the requirement school reduces or remits the medical fee, and express " love " . Hospital promise, remove the intersection of spring plough and medical fee of 30,000 yuan Wang from right away - -The hospital is a public institution, the country has not dealt with the fixing of the medical dispute to allocate funds. Seeing that the medical dispute takes place frequently at present, some hospitals are in order to pour oil on troubled waters, allocate a division to solve the dispute from funds creating income by oneself. Zhang ZhaoHua told " Chinese Newsweek ", he questioned the family members of a patient " love " repeatedly at that time What is it? The king does not say, throw out a word finally: "Anyway we do not want a thousand of Third Five-Year Plan Period. " Hereafter, Wang ChunHua went to the hospital to ask for " love " again ,Claim to want the next day " Take action " . At 10 o'clock the next morning, Wang ChunHua really led people to get to the hospital. Two children draw banners and stop the clinic gate. Wang Chun spends me wrapping rough Dai Xiao, sits on the step in the middle of the gate, shout while crying, "return a husband to me, return justice to me. " More than 30 personal some coming with her burn joss sticks, some burn the paper money, some cry and shout together accordingly. Have several the intersection of man and the intersection of stop and patient coming to seek medical advice, will not " see the doctor, will not see the doctor, this hospital has managed the people very much. " Xiao Pan doing in the courtyard has been at the scene all the time. She say clinic smog curl up on the hall at that time, the intersection of doctor and the intersection of patient and getting smoked direct-flow tears. She notices, someone phones with mobile telephone frequently in the persons who commit offenses, a rookie catches up with and adds into it successively frequently. A lot of people are speaking with the accent of Hunan. She does not know whether these people are the dead relatives and friends, but she finds, among the persons who and then makes a noise, someone talks and laughs. Lawyer Zhang Yi comparatively understanding this incident says, the nonnative working as a temporary labourer in Guangdong is numerous, everybody gathers some money at ordinary times, eat and have a meal, contact together during festival. Who meets the thing, the fellow-villager goes together, everybody calls that " association of fellow provincials " . In a lot of local medical disputes, the patient, in order to exert pressure for the hospital, look for " association of fellow provincials " Help, the more people that come are, the hospital is the larger in pressure, the better the claim result is. The person coming to cheer does not do in vain either. A young young man that the institute of traditional Chinese medicine of the market followed to make a noise in Foshan, work as security personnel in the local local police station, it happened that is met by the chief of local police station coming to keep order. The security personnel admit to chief of institute he and the intersection of the dead and spring plough Wang know, the fellow villager. The person calling him says, and then cry and shout for 50 yuan each day, wave the stick for 150 yuan. "Will it be serious too to get a cold? " Wang Chun flower insist, the hospital shoulders responsibility for the husband's death. She says to " Chinese Newsweek ", " we go to health bureau and letters and visits from the masses to do and file a suit, they all leave alone. " Later, the dead relatives submitted the advices to hospital: Compensate for 500,000 yuan; Responsible for the living cost of 6 persons of each parents and children of couple; Arrange for the dead's wife Wang ChunHua to work in the institute of traditional Chinese medicine of the market of Foshan. The school recognizes In order to expect too much, only agree to dispense with the medical fee of the dead and and subsidize 20,000 yuan. Hereafter, hospital and the intersection of the dead and relative fall into a ceaseless one bargain, no one go, care precise cause of the death of spring plough Wang. Have medical verification, have postmortem examination, only copies of a related to cause of the death one one CT report of spring plough Wang: Bleed under the hard membrane of top of right side volume temple, a of bleeding, linear fracture of occipital bone under spider's omentum. In the course of dealing with the medical dispute, is it generally unwilling to do medical treatment to appraise why suffer from the side? In the face of the questions of " Chinese Newsweek ", have just finished " Chinese medical violence of transition " Professor Xu Xin whose subject studies says, the patient distrusts medical treatment to appraise, mainly because surveyor and hospital have direct stakes. The malpractice determines reason hygiene administrative organ exercises right, it is " I " Appraise " son " ,Transferred to the regional medical association now, turn into " brother " Appraise " brother " . " the party serves as one's own surveyor " ,Do not accord with procedure justice. Medical treatment is appraised time consuming and long, it is the patient that does not do a reason why medical treatment appraises either. Undertake medical treatment at present to determine the medical association of the work belongs to half an officer and half a properties of the people, without permanent establishment, can only hold evaluation meeting a few times per month, but each connoisseur is engaged in appraising and just holding a part-time job in medical treatment, so a qualification usually takes several months, it can be up to several years that it is the longest. Meanwhile, the malpractice determines it is a seller's market, there are many cases needing appraising, the time to line up to wait to appraise is long. The investigation indicates, the first class qualification of the city will wait for 4 to 8 months possibly, it may delay about one year to save second first class qualification. The results appraised in medical treatment are mostly unfavorable to suffering from the side, will influence the trust that the patient appraise to medical treatment too. From 2003 to 2005, the malpractice of Guangzhou area determined it amounts to 354, only 39 were identified as the malpractice. " regard lawyer as the job, that was used most is but not a legal means " As the lawyer, Zhang Yi has already helped the hospital to put down " medicine make a noise " The incident, take the place of and suffer from the claim of direction hospital too. He swimming and going during doctors and patients, calls oneself " two-sided lawyer " . " regard law as the job, that was used most is but not a legal means, " This is Zhang Yi's most outstanding feeling. He says, the main method to solve the medical dispute at present is to bargain, threaten each other, even by managing black black. Zhang Yi balanced a medical dispute for the hospital not long ago. Last August, Wu Jun, little partner of Sichuan, (assumed name) See an advertisement on the newspaper: A hospital of Guangdong Province can implement ears and give a new lease of life to the operation. An ear of Wu Jun is in congenital malformation, see and hold and expect to come to the hospital to do the operation greatly after the advertisement. Unexpectedly, Wu Jun's facial nerve is damaged, causes facial paralysis in the operation - -Mouth aslant eyes are oblique, saliva direct current. Zhang Yi is a legal adviser of the hospital, but he says, in this medical dispute, the hospital is in the wrong. Doing this kind of operation must possess a kind of special apparatus. This apparatus can detect the facial nerve in the operation. This hospital is an operation that is implemented in case of not having this kind of apparatus. In order to improve looks, but cause more greatly disfeaturing, Wu Jun is unable to accept this fact at all. Zhang Yi says, he is entrusted by hospital and carried on the negotiation with Wu Jun. Before he gets coroner's testimonial Wu Jun's sick bed, Wu Jun tore on the spot without demur, show, resolutely refuse, resort to legal proceedings, solve problem, open 3 million pay an indemnity, require at the same time. In the face of so huge compensation, the hospital is unable to accept, can only bargain. Zhang Yi says, this patient does not have permanent job, in order to make a living by exacting debit for people, it is extremely dangerous to have dealings with him. He is often threatened while and Wu Jun carries on negotiations, once Wu Jun says to him, "you can not deal with and go away. You should participate in this again, I kill red eyes, everyone leaves alone. " This patient still threatens the hospital repeatedly, claim to retaliate against to his doctor who does operation - -Pitch AIDS needle for the doctor, or hold the doctor to jump out of the building together, will kill the doctor's whole family. Nearly all people believe, are unsatisfied with this person's requirement, he is sure to implement the violence to the medical worker. Zhang Yi reveals, the hospital has no way finally, adopts an extraordinary means - -Let the person on the underworld balance this, " solve privately " by 500,000 damages and patient . Why is the patient unwilling to solve the dispute through the means of the legal lawsuit? Southwest politics and law university professor Xu Xin says to " Chinese Newsweek ", people are a kind of typical pragmatism logic to the attitude solving the dispute - -Which way is used more effectively, the cost is lower, more convenient, swifter, which one is chosen. Whether take lawsuit way, depend on the comparison in respects such as the income, cost, efficiency of different ways of safeguarding the rights,etc.. So the intersection of contentious procedure and relatively complicated, tedious, with high costs rule, also because the court is relatively simple in treatment to medical dispute. Most medical cases are very complicated, the professional lines that the reason is the medical dispute is very strong. But in the judicial practice, the judge awards many according to the expert's conclusion directlily. And the expert's conclusion is queried, it is suffered from therefore it is difficult to try to make and then convinced. The court hears the provisions of legal file and " medical crash handling regulations " that the medical case bases on, difference even conflict exist. Different courts, even standard not known with the judge in the same court differ, thus influence doctors and patients both sides especially suffer from square trust and choice to the lawsuit. Meanwhile, although there is " the burden of proof is inverted " As balanced, but to the hospital, suffer from squarely and is still in inferior position in the lawsuit confronts with each other, this has hindered their choice to the lawsuit too. So, suffer from it and then through implementing the act of violence, can give vent to strong discontented mood, can make hospital's compromise with low-cost less time, realize the goal of safeguarding the rights. " make a scene greatly and solve, small and make a noise small to solve, solve without making a noise " ,This the intersection of China and whom dispute solve sneak rule instantly, in medical dispute being likewise effectual solve. Department of public health of Guangdong Province statistics show, in the first half of 2006, in 200 medical incidents of violence of Guangdong Province, and then 95% trouble attempt, achieve the intersection of compensation and purpose through upset medical order, have 129 " solve privately " finally Succeed. Because it is extremely experienced to deal with the medical dispute, a lot of patient relatives find Zhang Yi out of admiration for the reputation every year. Zhang Yi says, in fact his " experience " Not because good at, use legal means, but how about does it know very well and the hospital bargains. He reveals, " makes a noise " It is a kind of very effective means, the lawyer, often through " medicine made a noise " Exert pressure for the hospital. He once acted for such a medical dispute case. In the first rate hospital of Guangdong a third grade, a patient's postoperative massive haemorrhage death. Afterwards, the operation doctor admits to the relatives of the dead, the postoperative patient observes and deals with improperly, the hospital shoulders important responsibility for patient's death. But Patient relatives find medical matters subject, but medical matters subject can't represent the hospital while talking about the doctor's words. Zhang Yi mediates from side to side as suffering from lawyer Fang, the hospital ignores. "They these big hospitals have not thought highly of these small patients of us at all, "Zhang Yi says, the hospital leads a appearance. Finally, Zhang Yi uses a trump card - -Employ more than 30 " Medicine makes a noise " Surround the hospital gate completely; Draw two scrolls, write " Professor so-and-so seeks truth from facts " on one ,Write on another one " Doctor so-and-so treats human life as if it were not worth a straw " ; Still send for two tweeters to the hospital " Bang" Bomb. "Force the president out quickly, agree to us to require mostly on the spot. " Zhang Yi says, this is the most successful one in numerous medical disputes which he deals with. Dissolve " medicine makes a noise " Need constructive thinking no matter both at home and abroad, doctors and patients' conflicts generally exist. But is ruling by law in more developed countries and regions, seldom see " medicine make a noise " . Pennsylvania state of U.S.A. has 800 orthopedists altogether, among them 400 have been brought civil action by the patient. Americans choose to go to court, seldom go to commit offenses. In China, the intersection of Nantong and auspicious kind hospital director rectangular to should be new investigation according to deputy to the National People's Congress, Jiangsu, after the medical dispute appeared, only accounted for ten percent through what lawsuit way is solved. Once with " Medicine makes a noise " An insider come into contacts directly says, there is huge " medicine makes a noise " in cities such as Beijing, Shanghai, Chongqing,etc. Industry. Open price, man medicine make 80 yuan for less than one day, violence type dispute; 50 yuan for one day such as making a noise, old man of the woman physician, rely mainly on pestering and crying and screaming. There are two kinds of ways of paying: Check out on the same day; Contract system, medicine at a disturbance of head fetch certain proportion to compensate amount of money, 20%- 30%. Southwest politics and law university professor Xu Xin says, " private strength is relieved " Application last violence generalizations medical to be and to melt. Hospital of some the first, second and third of Putuo district of Shanghai, between 7 years of 2006 and 2000, the medical violence taking place every year accounted for more than 60% of all medical disputes, and this proportion also rises year by year. Data and case material of other nationwide or local characteristic, reflecting the medical violence is magnified at present on different sides, in varying degrees, fierce current situation that melts. It mainly has two ways that medicine makes a noise: Appear with relatives, assemble a crowd to make trouble publicly, stop the corpse hospital, cries 'kill it' and calls making a noise; Stealthy medicine makes a noise, remote control relatives. For example because the child dying claims a pair of rural married couple from hospital (the end of 2007, the 5 -year-old child plays glass ball, has swallowed because of carelessness, parents are giving the child a piggyback to come to the hospital joltly all the way, not beginning to rescue yet, the child breathes one's last) ,Let the messenger of relative neighbourhood ten demand the statement in the president's office. Hospital insist corpse examine confirm, compensate for matters again first, married couple this phone, ask backstage high people at once, answer: "Kneel down. " Then married couple go down on one's knees. The hospital still insists on, married couple phone again, answer: "All kneel down. " A dozen people brush and kneel down together, the hospital cannot help but has to prepay 1800 yuan and send money. The last one is more difficult to control. Southwest politics and law university professor Xu Xin says, " medicine makes a noise " There is its realistic soil that exists. As one kind " Private strength is relieved " The way, " medicine makes a noise " Have safeguarded and suffered from the square rights and interests to a certain extent. But " private strength is relieved " Border,damage others legitimate interests and the public service social. From the legal viewpoint, suffer from and then hire " medicine make " Behavior all right regard as one kind contract. According to " the contract law " relevant regulation, hire " medicine make " May be because of damaging the social public interests or mandatory regulation of violating the law, administrative statute invalid, but this is not inevitable, depend on " medicine makes a noise " yet Have adopted some actions. For a long time, the public security department, to not causing the direct loss or great and lost behavior that upsets public order, can only follow " Manage and handle the regulations in social security " ,To that " medicine makes a noise " Adopt " soft law enforcement " . It receive police report a case get to by scene,or in by monitor,or have people that committed offenses dispersed at most, police can leave, the persons who commit offenses reassemble and continue making a noise. "To some degree, soft to enforce the law, encourage all parts ' medicine make ' incident take place frequently. " Zhang Yi says. It is more and more, increasingly abominable to face " Medicine makes a noise " Incident, will it be July 10 2006, maos of groups of Ann, press spokesman of Ministry of Public Health, declare, " medicine made a noise " It is a kind of illegal activities, it upsets the normal medical order seriously, Ministry of Public Health attacks this firmly. In April of 2007, the national hygiene system establishes " safe hospital " Activity. Ministry of Public Health 7 ministries and commissions such as running, Ministry of Public Security,etc. establish synthetically together with central authorities " National activity of establishing the safe hospital coordination teams and offices " . The old whistle of Vice Minister of Ministry of Public Health is great that month " The working conference of national overall control of social public security " Speech hit,clearly mention " noisy in medicine " . In view of the above, the regional government attacks" medicine makes a noise " More and more grateful li know how things stand and feel confident. In Guangdong, local the intersection of government and the intersection of law enforcement and most large one, put down south the intersection of Korean pine and the intersection of hillock and hospital " medicine makes a noise " Incident. Yi Zhang think, put down loose the intersection of hillock and incident, indicate the intersection of Guangdong and provincial government until " medicine make " From " soft law enforcement " Move towards " hard law enforcement " . On July 22, 2007, a pregnant woman erupts " thromboembolism of acute amniotic fluid " simultaneously while giving a birth in the loose hillock hospital ,Pregnant woman and baby death. Afterwards, Yang, husband of the dead, bring up dozens of people enclose and stop up the hospital in 3 days continuously, cook the paper money, set off the fireworks in front of hospital, require and pay an indemnity in the hospital 1 million yuan, the school has not agreed to the requirement of paying an indemnity. On the 25th, Yang contacts more than 100 people and assaults the hospital again. Receive and report a case, the branch office of public security men of the South China Sea assembles large quantities of police strength and rushes for the scene, has arrested more than 170 people, among them 4 people are investigated criminal liability. The external knowledge of loose hillock incident, are only limited to the above-mentioned situation. But come here, the thing is not over. Yang can only get back to the legal orbit, engage lawyer and hospital to go to court. Yang's lawyer tells Zhang Yi, the relatives and friends that most people who assault the hospital are not Yang, but the job employed " Medicine makes a noise " . Yang promise they at that time, get school, divide with them into after the compensation. Later, people these detain police not only get the money but also, dun to Yang again and again. Yang is that " there is no road to heaven and no door into the earth " now . Southwest politics and law university professor Xu Xin says to " Chinese Newsweek ", people choose " private strength is relieved " ,The main reason is current " Common strength is relieved " Comparatively means omission, lacking the actual effect, with high costs, cycle is long. If here " Common strength is relieved " Build still under the difficult situation that catch up with, to get involved with strength public security department, result its can only whether the intersection of doctors and patients and dispute solve in time while being difficult still, doctors and patients' rights of both sides can't be ensured in accordance with the law, increase and stimulate the contradiction between the police and the people for no reason yet. So, What we will do is not denying simply, but should offer and dissolve or relax " medicine make a noise " even more Constructive thinking. (reporter Zhou HuaLei also contributes this text)

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