The law of liability for tort is implemented Compensate for the high pressure in new law that the hospital pours out one's woes

The law of liability for tort is implemented Compensate for the high pressure in new law that the hospital pours out one's woes
On July 1, " law of liability for tort " is implemented formally, involve " medical treatment damages responsibility " Special chapter receive much concern. Medicine defends the circle to never solicit the opinion to a law so extensively. " born in " 2002 Issue by 2009, the dispute has never been stopped in 7 solid years: The compensation number geometric progression of the hospital increases, the patient can sue the hospital directly after medicine has gone wrong The severe clause lets the hospital call out: "The pressure is too large! " . Vice Chief of Guangdong Province department of public health Liao XinBo famous for daring to speak publishes speeches too: The new law aggravated the economic compensation responsibility of the medical organization, aggravated the operating cost of the hospital at the same time. "If does not know this, the hospital will be defeated under " law of liability for tort "! " Fearness of hospital four A fearness: " death damages " Can not run away after " law of liability for tort " is issued, the most obvious difference is " death damages " Can't run away this time. " medical crash handling regulations " are the legal norm of dealing with medical dispute to go over, but in the regulations, there are no death damages to talk. Liao XinBo has made out a bill: "Deduct it outside the hospitalization cost, the compensation of the death patient is very difficult over 200,000 yuan; But according to the stipulations of article 16 of " law of liability for tort ", should compensate for the death damages, according to 2008 standard in Guangdong Province, it is about 400,000 yuans that the single compensation of this one will reach. " (reporter / old Chinese sweet gum intern / reporter / Zhang Miao intelligently Cao Sri Lankan) Doctor Zhang of the department of neurosurgery says: "If meet the large-scale medical liability accident, some small hospitals can only go bankrupt. As if one hospital of Shenzhen made a cross infection incident in 1998, the coverage was enormous, the hospital compensates and can not all afford to compensate. If the hospital where this kind of thing happens in the poverty-stricken area, the hospital may go bankrupt, the patient does not get the money. " 2 fearness: Lack the intersection of page several and case history might lose a lawsuit directly " the the intersection of liability for tort and law " stipulate very much strict at case history the intersection of materials and management. Medical organization and medical worker should not only fill in according to the regulation and keep objective case histories such as the will, doctor's order form, survey report,etc. in hospital properly, will also perform the operation and discuss, the subjective material holding a consultation will be collected together, the patient, like proposing consulting, duplicating, the hospital must assent. If refuse to offer or take out, " the consequence is very serious. " The hygiene Du ShiLin, director of law research center of southern medical university points out, this law stipulates that hides or refuses to offer the case history materials related to dispute, infer the medical organization has fault. He gives an example, if the patient sues the hospital and the application medical association appraises, but the hospital is while showing the case history of a patient, there is page several that has disappeared in the middle, that hospital is unable to give a convincing explanation for self-defence, lose a lawsuit directly. 3 fearness: Make it clear the operation scheme is chosen in " law of liability for tort " for patients, patient's right of being in know is " highly defended " . The 55th regulation of this France, when the medical worker is needing to implement surgery, checking specially, special treatment, should explain the medical risk to the patient, still substitute situations such as the medical scheme,etc., and obtain its written consent. Certainly, if should not prove to the patient, should prove to patient's close relative, and obtain and agree in writing. "The clause about patient's right of being in know, right of agreeing was seen in other regulatory files sporadicly in the past. " Du ShiLin says, it has explained the way that " law of liability for tort " has not pointed out, summarizes the content to be told specifically, "in view of this, the hospital can give an oral account to prove. " It may not be difficult to in fact do in imaginations either. Guangzhou the intersection of medical college and third affiliated hospital clinic run the intersection of director and DeXiong Chen, say institute this implement the intersection of operation and scheme and tell in place of treatment method has already one year in detail, "some do not suit to begin either, the standardization later too slowly! Think about it, the burden of proof is inverted under the background the hospital is alive strongly, this does not matter. " 4 fearness: Medicine can look for the hospital to compensate the new law to stipulate directly while going wrong: "Because medicines, disinfectant, defect of medical equipment, input not up to standard blood, cause the intersection of patient and damage, the patient can provide the organization for producer or blood and ask to compensate, can ask to compensate to the medical organization too. " Doctor Wang of the hospital of the first, second and third of some of districts of the Milky Way of Guangzhou says, once patients beat arbitrarily because of the loose heart of line of pacemaker, lodge a complaint against hospital. "In the past, we had methods to shirk responsibility, now, they can claim from us directly, we can only recover the losses from enterprise. " Doctor Wang feel hospital " Hurt and wronged " . "Rational and legal purchase procedure, does according to government's regulation, it should not be our responsibility either if have any further problems. " But the patient's medical knowledge is more deficient, and of vital importance, it can not be unacceptable that the hospital totally evades. Liao XinBo says: "Should our medicine thing service be further strengthened? Increase the cost of the hospital? Is the cost put into interests of ensuring the patient? " The patient worries that meets an accident, is it appraised that who look for? Two kinds of qualification forms existing at present make the patient very entangled with: First, the technical appraisement of the malpractice, second, medical fault judicial expertise. Mr. Li applied for the technical appraisement of the malpractice recently. But he finds, the members of the evaluation committee of the malpractice are mainly a local doctor, very apt what has been looked after and protected each other while forming counterparts sneaks the rule. Du ShiLin says: "The evaluation committee of the malpractice, especially the medical association determines it is a doctor that appraises a doctor, seem the brother appraises for the brother, fairness is doubtful, but at the same time, determine that involves more than 20 disciplines and over 60 specialities, whether the knowledge of engaging the coroner in judicial expertise is enough, deserve too exquisitely. " The expert thinks, " medical crash handling regulations " will be abrogated automatically after " law of liability for tort " is implemented, this means, " technical appraisement system of the malpractice " Although has already formed relatively intact qualification organization and system, is unable to escape " dismissing " Destiny. Thus, via which kind of organization health authority answered when being dealt with this kind of dispute to become the great difficult problem.

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