The law draft of the liability for tort stipulates it initiates querying that the patient needs to put claim to the proof

The law draft of the liability for tort stipulates it initiates querying that the patient needs to put claim to the proof
Edition this write articles the intersection of kingly way and refined flaw Wu, reporter of Information Times, a few days ago, National People's Congress directed against <>Review, and about " the patient is damaged in the activity of making a diagnosis, the medical worker has fault, should bear compensation responsibility " Clause,show clearly, victim need let's produce evidence prove compensate requirement after faulting to medical worker. This news is one, cause the great disturbance at once. The patient thinks, because the information between doctors and patients is not reciprocal at all, the victim can't find out the fault of the medical worker because of lacking medical knowledge probably. But the medical circle personage says, this regulation can reduce excessive medical treatment effectively, have prevented the medical fee from being used high. Meanwhile, after the one disadvantageous to doctor originally is put to the proof and inverted and changed, help the hospital to reduce and manage the cost. In addition, still stipulate in the draft, while meeting and rescuing emergency such as the critical patient, it is difficult to obtain patient or its close relative to agree with, can implement the corresponding medical measure promptly with the approval of person in charge of medical organization. "If only such a regulation, give clear what as to subsequent responsibility, undoubtedly push responsibility to the hospital. " The leader of hospital of some the first, second and third of Guangzhou speaks without reservation about this. It excessively causes the hospitalization cost to heighten to it is introduced, stipulate in the draft to evade the risk and check, the patient is damaged in the activity of making a diagnosis, the medical worker has fault, should bear compensation responsibility. And it prove a medical worker has fault that the victim needs to produce evidence, could require it to compensate. Because the information between doctors and patients is not reciprocal at all, the victim can't find out the fault of the medical worker because of lacking medical knowledge probably. As to this actual conditions, have stipulated 3 kinds of situations needing to be put in the draft to the proof by the medical organization: Violate the health care and manage law, administrative statute, rule and norm of making a diagnosis; Hide or refuse to offer medical copy clerk and relevant materials related to dispute; Forge or destroy medical document and relevant materials. The patient puts the claim of unfavorable appeal to the proof to this clause, institute's affair leader of hospital of some the first, second and third of Guangzhou says that does not dare to believe. "The malpractice responsibility since 2002 puts to the proof and inverts and stipulates implementation so far, hospital for in should for malpractice that be may happened at,make a diagnosis at patient, materials keep foot time under respect. The implementation that will stipulate originally, it was very good as to patient. Because in with at all reciprocal information cases, let the doctor prove it is useful to patient for oneself not to go wrong. " This person in charge says: "Change now, the patient proved the doctor's way to make mistakes in the past to become again again, though can reduce much and manage cost for hospital, is unfavorable to a patient and complain the claim. " The doctor takes precautions against often medical treatment " implements responsibility excessively in the medical dispute and has the one that disputes on to put the rationality inverted to the proof certainly at present. Though not very favorable to hospital, in execution for many years, the school has already made a series of standardizing the regulations in keeping the evidence. We can say, on the issue that the great majority may involve the medical dispute, the management style of the hospital is getting on the right track progressively. " Three institute former Vice President Chen AnWeies say the Guangzhou deputy to the National People's Congress, wide medicine. She points out, in fact puts to the proof and inverts the interests that will damage the patient too, because the burden of proof belongs to the school completely, the hospital is in order to evade the risk, will implement the excessive medical examination or clear-cut non-performance to the patient. Taking simple pneumonia treatment as examples, the doctor mainly diminished inflammation while treating in the past, but nowadays most doctors will require the patient to train the several - day phlegm liquid bacterium. "Liquid bacterium trains the phlegm, it is more than one hundred yuan in one day, sees pneumonia once now, is several hundred more yuan than the past. So see the doctor expensively and have some relations with current putting the mode to the proof. " Chen An Wei says. Chen An Wei shows, the basic question taking place frequently in medical dispute does not lie in who puts to the proof at present, but the relationship between doctors and patients has already been quite in intensely, state of the mutual distrust. Except that the patient holds the suspicious attitude to the making a diagnosis of the doctor, the doctor always leaves the way of escape for oneself too, many hearts go to take precautions against some disputes that probably took place.

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