The first of Yunnan " Ask the making a noise case of medicine of the responsibility " The doctor obtains 8000 yuan of compensation

The first of Yunnan " Ask the making a noise case of medicine of the responsibility " The doctor obtains 8000 yuan of compensation
His mother the People's Hospital in the Kunming city first due to illness, all rescue measures proved ineffectual to pass away, after living together peacefully for three years, he found a " good friend " in this courtyard suddenly ,Repeated in a manner to phone, send the message, ask for the old man's death damages, wrap roughly and wear mourning to the hospital to set up the mourning hall to coerce, even " good friend " Rib interrupt. Yesterday, this typical " medicine made a noise " Incident mediate, end in a manner to shake hands finally, in the party after the front yard is compensated for 8000 yuan, the doctor getting a trashing has given up the willful injury accusation to him. It is reported, this is from the public security bureau of Yunnan Province, the department of public health, to " medicine make a noise " Specially issue and attack the measure, the first of the whole province is " making a noise case of medicine " of asking the responsibility . Three years ago, the old man of serious illness died in the hospital 2005, the dedicated old lady living in the street of east gate of Chenggong county is 62 years old. She has not been very all the time healthy, once had illness coming on suddenly, son Geng JianHua sent the old man to Kunming city first the People's Hospital. The result checked, make this family greatly surprised: The old man suffers from rectal cancer. Consider the family is very difficult, Geng JianHua connects the old man and goes home, has had injections for three days in a small hospital. In the near future, because condition worsen, have, go back to first the People's Hospital again, accept hospital treatment. If you can't like, choose by the hospital,have one of important reasons who is,have pieces of good friend who is the facial features department doctors of this institute JianHua Geng, it is Bi JianXiang, this person's best companion at the same time when brother-in-law Geng joins the army. Family Geng thinks that let the old man receive treatment to rest assured in this hospital very much. Doctor Bi JianXiang remembers: The old man just lived in the hospital, one of Geng JianHua demanded to implement the tumour excision, ask him recommend best doctor come on operator on the courtyard. Then, he does the corresponding arrangement, in this course, various situations, general expenses and postoperative result that may appear in he and other doctors perform the operation many times make explanation to the Geng 's. However, in just evening one days before booking for operation period, the dedicated old lady comes down with heart disease, all rescue measures proved ineffectual, have stopped breathing. Subsequently, the Geng 's has handled the funeral affairs for the old man, and close the relevant expenses of the hospital. Set up the mourning hall, " filial son " Ask for compensation for death, seem in first the People's Hospital, in the course of offering medical treatment service for dedicated old lady, there are not any flaw and fault. "At that time, their family had not come to hospital to dispute over trifles, drawn this conclusion from this point. " The long-term legal adviser of the hospital lawyer Zhou WenZhong says. But after three years later, the dedicated old lady's son Geng JianHua claimed suddenly the death of the old man was " malpractice " ,The People's Hospital compensates the requirement first. On September 29 this year, Bi JianXiang while sleeping soundly is woken by the incoming telegram of the mobile phone, sees time, it is probably about four o'clock before dawn, and the other side is good friend Geng JianHua without connection for a long time. Say simply and clearly dedicatedly, the hospital cured his old mother died that year on the phone, require the hospital to compensate to give him 50,000 yuan. Bi JianXiang surprise very, tell the other side hospital death in old man have no responsibility, even if have, can only solve through the legal procedure. According to Bi JianXiang: Hereafter, Geng JianHua will want three or four telephones at least every day, the requirement for lodging claims, he is pestered beyond endurance, often shut down simply. Then, Geng JianHua changes to send messages again, threatening and threatening much in the speech. See him still avoid, in the morning of October 15, Geng JianHua holds the old man's memorial tablet, come to the third floor of hospital clinic wrapping roughly and wearing mourning, has set up " mourning hall " ,And make a scene and upset the normal working order of the hospital seriously. On the same day several staff members of hospital present say, although pass the advice with repeated patience, its method of stop that Geng JianHua is unwilling. Until the police who meets the newspaper get to the scene, Geng Cai is angry to leave away. Inform " medicine makes a noise " ,Geng JianHua's method that the doctor getting a trashing determines to safeguard the rights, even his family do not support. Its brother-in-law is Bi JianXiang's companion Mr. Zhang when being interviewed by media, have said: " I call all relatives of family out, (tell him) The thing is not him ' Geng JianHua) The ones that thought can extort the money of the hospital according to his idea like that, we are the normal people, as he is abnormal. " At 1:30 on the the afternoon of October 28, Bi JianXiang has a rest in the subject guards' room of facial features, Geng JianHua came in suddenly. Bi JianXiang mediates this good friend patiently, has never expected the other side closes one's ears to at all, greatly move Chinese boxing instead, overthrow him on the ground. After calling the police, send, so injure it in order to be put on file for investigation and prosecution on purpose in the area under one's jurisdiction, and to building China to detain dedicatedly for criminal act in next day. Through checking, finish building auspicious left the seventh rib fracture, the Kunming law hospital appraises, have already formed slight injury. According to the stipulations of relevant law, reach the case of slight injury, can be prosecuted from the procuratorial organ, also can be come to advocate its legitimate rights and interests in the form of criminal private prosecution by the victim. On November 3, 2008, Bi JianXiang will submit " attaches civil private prosecution criminally " to district people's court of Western Hills, demand to investigate the criminal liability that defendant Geng JianHua injures on purpose, and compensate for 30,000 yuan for every economic losses to it. Wish to compensate, defendant old father gets 8000 cash ready In the court's trial on December 2, plaintiff agent lawyer Zhou WenZhong points out: The behavior that defendant Geng JianHua seeks compensation from hospital does not have any fact and legislative authority, and already gone beyond the legal prescroption that can advocate the right. And in terms of means such as the threatening, threat adopted by it and wrapping rough Dai Xiao, setting up the mourning hall,etc., it is a kind of typical one " Medicine makes a noise " The behavior, according to the public security bureaus of Ministry of Public Security, Ministry of Public Health and Yunnan Province, relevant regulation that the department of public health specially issued, should be attacked sternly. Through court's trial, dedicated to build China once defendant" medicine makes a noise " The behavior has been confirmed, he himself confesses everything to this too, and express willingness to compensate friend Bi JianXiang who is injured by him. Such situation, seem in the intersection of defendant and household in accordance with expectation - -Defendant's father on the visitors seats, finish preparing the cash of 8000 yuan early on one's body. After bargaining several times, both sides reach and mediate the agreement: The defendant compensates for 8000 yuan, the plaintiff cancels the accusation of demanding to investigate defendant's criminal liability. A professor of Kunming medical college analyzes and claims on this case: The medical organization is in the course of offering medical treatment service, if the errors and even accidents that have really appeared on medical treatment, patient and relative should solve the problem through the normal judicial process. But at present " Medicine makes a noise " Phenomenon exist generally really, basically once until " medicine make " all hospitals Personnel's harassing and wrecking and even extorting. So the one Kunming hospital and getting a trashing doctor prosecute, investigate " medicine make " voluntarily Responsibility,can be regarded as to "cure make a noise " A move of declaring a war, have very positive meanings. Does Kunming of warm star of the chief correspondent have first system frames to suffer from and authorize to solve doctors and patients' dispute? �� stone roller like, fall alkyne revolve guanidine hand in season greedy son ��? Died in the hospital 5 hours later if the babies were born in, relatives criticized the hospital for not guarding thoroughly, take more than 60 people to the hospital to claim 300,000 yuan, and carry " return a child to me and return justice to me " If you can't reach by hospital outpatient building, assemble a crowd to demonstrate. The morning of the day before yesterday, this scene happening in west mountain area the People's Hospital of the market of Kunming, perform again " Medicine makes a noise " . Through the research and revising many times completely of nearly two years, " Opinions on Implementing solving doctors and patients' dispute of Kunming " will be issued recently. "Kunming had a system frame to handle doctors and patients' dispute at last, it is possible to offer for the fact that we explored that prevent and handle new route and new channel of doctors and patients' dispute. " 73 colony doctors and patients' disputes happened in the past ten months Yesterday, Kunming Municipal Health Bureau held the news notification conference, introduced the relevant situation that " opinion " was issued. Kunming Municipal Health Bureau solves the good swan's Deputy Bureau Director and says, in recent years, the dispute of doctors and patients of Kunming keeps obviously rising, and happen on the grounds of malpractice dispute repeatedly and upset the malignant incident of the normal medical order, " medicine makes a noise " in the job Involvement,especially cause abominable social influence. The statistics show, in only 2007, 1393 all types of medical disputes takes place in Kunming, among them, involve colony 116 doctors and patients dispute incidents, is suspected of being involved in " medicine makes a noise " 28 incidents. From January to October this year, there are 73 colony doctors and patients dispute incidents, 11 among them gets up and is suspected of being involved in " medicine make a noise " Incident. "The institutionalized construction of what doctors and patients' dispute is handled is imperative. " Jie JiaHong says, from the beginning of this year, legal system offices of Municipal Health Bureau, city have convened the related departments to draft and revised and improved " implementation suggestion " (draft) . Municipal government the 106th day to day business will, after the 69th in municipal Party committee Standing Committee review, have the full text to publish in the media at the beginning of this month, solicit the opinions and suggestions extensively to social announcement. After announcement, the health bureau has carried on summary of the opinions and suggestions collected, revise again, has formed " Opinions on Implementing solving doctors and patients' dispute of Kunming ". " opinion " stipulates, to not taking and handling the measure or because handles the measure uncompletely according to the fixed time limit, cause the colony state of affair of doctors and patients dispute incident to expand, cause the department of the bad social influence, ask the responsibility. Has stipulated that suffering from eight kinds of square situations will punish by the public security organ, if the case constitutes a crime will investigate criminal responsibility in accordance with the law. Medical accident/injury insurance can make it give economic compensation restraint in medical organization wait for little question too in the " the opinion " to citizen more not to suffer from side, Jie JiaHong says, as to the supervision of medical organization and medical worker, a series of laws and regulations that have had national aspects to issue already are restrained; Before this, because some private hospitals have practised medicine illegally and has been revoked licence by the Ministry of Health in Kunming. In doctors and patients' dispute, how to protect and suffer from the square legitimate rights and interests, through what channels can their interests demand be expressed? Jie JiaHong says, can also apply for the technical appraisement of the malpractice within fixed time limit while suffering from the side, both parties trust the medical association of a city of Kunming to organize the qualification together, the party can put forward to health authority and mediate the application, or bring the civil action to the people's court directly. " opinion " requires, every member unit should explore the social sharing system of the medical risk actively, through pursuing methods such as medical operation insurance, unexpected injury insurance of medical treatment,etc., can suffer from and then obtain more economic compensation, dissolve the contradictions of doctors and patients effectively. " does not suffer from direct relative Fang, can't participate in the negotiation process of the dispute " in the previous " draft " Regulation have too dispute,be in this way may make and suffered from and then not in statuses weak. Jie JiaHong says, the health bureau notices this question too, before " opinion " is issued, will advise the municipal Party committee and government to revise this, will plan to allow to suffer from and then authorize relevant personages such as the lawyer,etc., consult the dispute as agent and hospital. Chain: Suffering from eight kinds of situations of side can investigate the punishment responsibility " opinion " stipulates, in doctors and patients' dispute, do not observe the national laws and regulations, is suspected of being involved in the delinquent behavior, take public security department as the core to deal with in accordance with the law. Suffered from and then there is one of the following behaviors and form the crime, should investigate criminal liability in accordance with the law: Assemble a crowd and occupy the medical organization or office premises, pick a quarrel and make trouble, interfere with working order of normal medical treatment seriously; Happen serious illegal activities of sending, breaking, vying for, cooking etc.; Insult, threaten, besiege, hit the medical worker or limit medical worker's freedom of person illegally, influence the medical worker to work normally seriously; In the medical organization ' Outside) Hang banners, set up the mourning hall, burn the paper for funeral, put wreaths, stick the slogans, send the leaflet; Fixed time limit of refusing to transfer the corpse to the peace or funeral parlor and exceed, the old corpse coerces the medical organization, invalid through advising; Grab medical document and evidence correlated to doctors and patients' dispute ' For instance medicines, hygiene material and medical equipment,etc.) ,Invalid through advising; Involve having social evil forces or jobs " Medicine makes a noise " Serious criminal offence that is meddled in; Other criminal offences which is suspected of being involved in life, property infringement; Suspected of being involved in influencing the public and safe criminal offence. The new newspaper reporter Liu QiYin lives

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