Health newspaper: Not enough yet that clarifying medical disputes only has legal clauses

Health newspaper: Not enough yet that clarifying medical disputes only has legal clauses
Zhang HaiTong ( Doctor) On July 23, 2010, a pregnant woman in Shenzhen is after phoenix's hospital arranges and gives birth to the boy baby, the husband finds there is suture in the rectum place, think it is lying-in woman's rectum that has been sewn, the midwife has been called and done haemorrhoids operation for him free, then become that caused a stir " Sew the rectum " Incident. After 15 months, " sew the rectum " Repercussions has not stopped, has entered " seasaw battle " of the judicial aspect again . Yesterday, after the midwife indicts lying-in woman's husband and infringes its honorary right, it caused life to damage to him that the lying-in woman indicted hospital and midwife too, claim more than 270,000 yuan. (" Guangzhou Daily " of October 19) It seems that this medical dispute has already fallen into a long-drawn-out administration of justice " seasaw battle " China. Perhaps the place that medical dispute attract people's attention most, it those kind of patient go to court, inform hospital, doctor in the past, plaintiff and defendant role immobilize, someone is " good person " , someone is " The bad person " Very clear medical dispute. Just the opposite, up till now, defendant and plaintiff role in this medical dispute already presented exchange two times. Though experts of the relevant field, law circle personage get involved, there are follow-up stories constantly of numerous medias. However, because ordinary the public very those strange and tedious relevant legal clauses few touch in the usual, so, which one is the legal clause which both sides use for proving one's own side reasonable applicable to? What evidences can get support from legal clause? Perhaps these are not the place where the public pays close attention to most. Perhaps a lot of people only want to receive the fact answer briefly: For example, it becomes that sews the rectum which pitches the lying-in woman as retaliating against whether midwives ask for the covert payment? Are lying-in woman and husband for money or other purposes, unexpectedly help the styptic midwife of lying-in woman's ligature haemorrhoids to splash the sewage to the good intention? As a medical practitioner, the doubt is actually not difficult to resolve in author's view. Though, really mix in the medical team with some " blacks sheep " by taking the commission of medicines, charging patient's covert payment to fatten oneself ,And there is also rather many number of people. However, consider everybody has natural instincts that goes after profits and advoids disadvantages, so, as a person with normal thinking ability, a medical worker with professional skill of certain medical science and knowledge, this midwife will not obviously use and sew patient's rectum this kind of " frenzied " And stupid the way to the utmost point comes to retaliate against a patient. In this lawsuit, one party of the lying-in woman is no longer pestering and distinguishing " sewing the rectum " Have " sewn haemorrhoids " ,But accuse the midwife of sewing " Haemorrhoids " It is the out-of-range operation, violate the norm of making a diagnosis. This proves, this midwife was really wronged originally. It becomes that it is not the fact to sew lying-in woman's rectum frenziedly as the accusation that is retaliated against that lying-in woman's husband and some medias ask for the covert payment to the midwife. And this kind is far away from truth of the matter, packed with conjecturing subjectively, even there are terrifying accusations that because has catered to some the public's indignation that produces discontended with what medical treatment ensure, thus has produced the enormous injury that can't be appraised to the hospitals and midwifery persons in charge. For example, this hospital because the social influence is too big afterwards, even name of the hospital has been changed. Midwifery person can't work normally not merely, physically and mentally healthy to damage, even personal security is all endured to the fullest extent and threatened. In this lawsuit, the accusation midwife of one party of the lying-in woman is a some seam " haemorrhoids " It is the out-of-range operation, violate the norm of making a diagnosis. From some concrete medical regulations, we really easy to find the intersection of woman and produce or anus enteric medical practitioner of training qualified for the intersection of lying-in woman and decision and the intersection of implementation and clause of haemorrhoids that ligature bleed only. However, in daily medical treatment moves about, if it is not actually very realistic either to require the thing that the medical personnel does to totally accord with the medical regulation. For example finish one large-scale surgery need one the intersection of operator and doctor, one to two doctor as the assistant and several of interns generally. If according to the relevant medical regulation, the intern without operation qualification can only look on, be forbidden to touch it in operation. Can't train the qualified surgeon, the interests that will damage the patient finally too forever in this way. Until those trample on legal spirit, let people have whom say neglect rough times while being reasonable in the past, this is that one can go to court in the era of explaining the law, but it is an irrefutable fact too to lack and basically believe in between men. However, the interpersonal interests dispute can be judged by the legal clause, but it is very difficult to let the icy law set up in the trust among people. Rebuild the valuable trust between doctors and patients, will not merely need to correct the drawback of the medical system in time, the ones that remove medical trade " The black sheep " ,Want, let every get up medical dispute to injure relationship between doctors and patients make the fact clear even more, explain the reason to understand, don't let the medical worker serve as the gas outlet of social mood, suffer all sorts of grievances that should not be born by them.

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