(Ovine wall evening paper on December 17, 2011 manuscript) in recent years, dispute of doctors and patients already became the heat that our country society pays close attention to. Actually, dispute of doctors and patients is a cosmopolitan problem: Not only the developing country such as China has, the developed country such as day, beauty has likewise. Fortunately the home is in a lot of countries how to deal with scientificly respect of dispute of doctors and patients already foregone one pace, gotten experience or lesson can be drawn lessons from for us
Japan: Under law " it is in order to mix expensive "
Equipment of Japanese medical establishment is top-ranking, medical treatment level is in Asian the first of all, still be however 5 years ago, great unskillful and faulty medical or surgical treatment often still happens. According to Japanese media exposure, only 2006 a year, 270 national hospitals of Japanese whole nation produce unskillful and faulty medical or surgical treatment 1300 cases in all, cause 150 patients die an unnatural death, caused very intense negative echo.
After this, the government is special the supervisory strength that increased hospital and pair of doctors, promote law under " it is in order to mix expensive " , farther science mediates contradiction of doctors and patients reasonably. Handling side of relation of doctors and patients, japan already accumulated the following experience -- ,
15 pin vgaThose who increase pair of hospitals and doctor supervise.
Below the guidance of Japanese government, the medical treatment of central class and local class evaluates an orgnaization to be born in succession, general every are mixed one year by the people, official too independent expert undertakes integrated grading to all hospitals and on-the-job doctor, send certificate of conformity to evaluating eligible, right unqualified person the warning that raises all sorts of different level, go up in the net or to media fair show. From this, patient and family member are in see a doctor, before be in hospital, which doctor is worth the hospital to which in trustful heart basic know exactly about sth, make rational choice well and truly thereby, contrary those often " make an issue " hospital and doctor plantronic wireless headsetrare person make inquires. The hospital with those professional morality personal integrity or poorer medical skill and doctor, as good as at be in by the crisis of take the bread out of sb's mouth in.
Draw a lesson from the accident.
Draw a lesson to let hospital, doctor sum up experience through the accident, province of deep unripe work built Japan database of unskillful and faulty medical or surgical treatment, held water to organize the seminar of unskillful and faulty medical or surgical treatment that the delegate attends by doctor, lawyer, folk, emphasize prove accident cause, and draw inferences about other cases from one instance, how will argumentation prevent similar accident to happen again henceforth. And as unskillful and faulty medical or surgical treatment decrease apparently, nature of dispute of doctors and patients also decreases greatly subsequently.
Requirement hospital is bought to the doctor " accident insurance " .
In the government supervise below, the courtyard already just was bought for the doctor mostly " accident insurance " , then most medium, small issue is expected to be obta free furniture light ined through insurance company solve, avoided development to be contradiction o free plantronic wireless headset f bigger doctors and patients.
Through legal measure harmonious doctors and patients concerns.
Set by relevant code, after producing unskillful and faulty medical or surgical treatment, the hospital does not divide size to must concern sectional report to the government, serve as by the government n free plant lights ext " bagman " appear personally to make a report to patient family member. If affirm,be a courtyard square error, hospital must make genuine apology, be in economically give compensate more as far as possible, accomplish as far as possible with reconciling means settles dispute. If both sides of doctors and patients is assumed to responsibility,come true for a long time hard " consensus " , also can go to law< so. Be worth what carry is, japanese government intensified building relevant system, help those be in the patient of relative inferior position and family member in medical treatment lawsuit.
Province of deep unripe work plans to establish a new compensation mechanism in the near future, square to the fall victim in unskillful and faulty medical or surgical treatment patient family member is carried out " blameless compensation is made " , no matter whether is the hospital put,be in namely medical treatment error, family member of fall victim patient can win fair compensation, after its amount size is examined seriously by tripartite classics, decide.
Shorten hard litigant case hears time.
Often compare as a result of malpractice suit case complex, processing, solve rise to often expend time very, accordingly a lot of case are called by play " marathon litigation case " . If be in 1996, average the cognizance time of every case is as long as 37 months. Because be couldn't get tardy reasonable deal with, contradiction of doctors and patients often is again travel mugs stainlessthe ground is further become acute. But fa most popular selling plant lights ll in the joint efforts of government, hospital and court, arrived 2006, the average cognizance time of the case already shortened for 25.1 months, and arrived this year, criterion already " carry fast " for mere 16 months.
In the meantime, the compromise of litigant case leads medical treatment of Japanese whole nation to also be in with year all is added, it is reported is in recently 15 years promoted 40% , this also is creation Japanesque " harmonious society " made contribution.
Russia: Hold to " law is first "north face shirts
When settling dispute of doctors and patients with a lot of countries, adopt " mediation is preferential " different, russia is decisive ground general " mediate " air aside, and adopt " law is first " . This that is to say, first choice resolves contradiction through legal measure.
If have the health that just maintains oneself or life,got the enroach on of unskillful and faulty the best selling plant lights medical or surgical treatment, they but to the on one class of relevant hospital, hospital judiciary of leading sector, place and cure protect an orgnaization to raise requirement of claim for compensation.
Russia is multinomial law (more than western country) perforative a fixed principle: The citizen is healthy the first. Patient no matter setting of nation, sexual distinction, economic atmosphere, culture, the rights and interests with its him healthy protection is inspected sacrosanctity, get the main protection of square field surface in much ministry law.
It is reported, the legal weapon that patient or its family member can use includes Russia administration to violate rights and interests of code, consumer to protect law, civil code, criminal law, civil with identification method of judicatory of criminal procedural law, medicine, etc.
Nevertheless, russia law is in safeguard energetically suffer from square rights and interests while, the unskillful and faulty medical or surgical treatment that just causes to cure also " specific issue is specific analysis " , is not " knock sb. down at one stroke " .
The relevant code of Russia is cent of unskillful and faulty medical or surgical treatment two kinds big: The first kind is medical personnel " innocently " cause, often by the technical level of medical personnel inferior with condition of medical establishment equipment finite cause, also some complexity that suffer from itself with disease and unpredictable sex are concerned; The 2nd kind is medical personnel " intended " those who cause, include derelict, carelessness to sin in cold blood even among them. The forensic responsibility person punishment to these two kinds of accidents is differ, the compensation that the patient receives the most popular plant lights also has bigger difference.
In judicatory orgnaization supervise below, experience case hospital is in receive after sufferring from square written claim for compensation to ask, rewrite must be made inside 30 days, answer content includes: Whether to admit to suffer from square accusation together, violate code and hospital byelaw to whether make disciplinary treatment to relevant medical personnel according to administration, whether to compensate for, the amount of compensation, means and deadline, what claim for compensation asks that he cannot agree, what is the reason, etc. If suffer from the processing of hospital of square different idea to decide, can offer civil suit to the court further, submit relevant evidence.
The United States: Law and mediation " work along both lines "
The person that the United States dies every year at unskillful and faulty medical or surgical treatment exceeds the person that die at traffic accident on the number, and although all previous government was done hard, but the circumstance did not get fundamental improvement. Fortunately relevant law is in ceaselessly perfect, the system of reason also is in processing thing to upgrade ceaselessly, this makes American complete have " the bottom is angry " right " cure is troubled by " say aloud " NO " . In fact, although American unskillful and faulty medical or surgical treatment also does not calculate little, but " cure is troubled by " happen rarely however.
Above all, because American doctor is in,this is 200 come for years, have all t the most popular plantronic wireless headset he time face a patient must " transparent " good convention, and nowadays begins to execute again strict " know the inside story is agreed with " system. Sp the most popular selling plantronic wireless headset ecific for, it is cure namely square must to have square reveal everything its true patient's condition, all produces possibly problems in medical treatment process, treatment is successful rate, likely sequela, it is clear that dribs and drabs must be elaborated beforehand. Such hospitals can make sure the patient has complete knowledge to his state, avoid the dispute after cure thereby.
And once the doctor communicated fundamental patient's condition and commendatory make a diagnosis and give treatment,suggest, must want to decide whether the patient is complete then understand and whether the plan of make a diagnosis and give treatment that agrees with a doctor. According to law, "Know the inside story agrees with " must contain 4 elements: Know the inside story, information, understanding and self-identity, reason just does not let one piece contract the form that just signs, establish understanding, understanding and the procedure that accredit concerns democracy of both sides of doctors and patients, equally lawfully however.
To assure all doctors can to suffer from square fair land to will comparative possibly originally complex medical term " say simply to understand " , let suffer from square " listen as clear as dayly " , student of college of medicine and doctor groom the branch takes pair of future doctors seriously to undertake relevant language trains very, and the doctor with label its as important as medical skill's necessary kind of primary quality. How the principle treats the mandatory subject that relation of doctors and patients is American college of medicine neatly again already, the key of study is put in " communication is strengthened between doctors and patients in order to avoid issue " the education that waits for a nip in the bud.
In view of the United States it is a multinational country, the hospital still emphasizes medical personnel needing esteem " multivariate culture " , so that assure,follow patient of descendants of minority a group of things with common features " know the inside story is agreed with " carry out likewise smoothly. And the effort of all all these, pointed to a target: Since doctor just says so clear, clear, comprehensive, so suffer from square again " be troubled by " namely " know perfectly well reason to be troubled by " !
While American is using law to the method is solved and handle issue of doctors and patients, realise law wisely although the method is important, but be not is only way, still not be best way even sometimes. Actually, dispute of doctors and patients is not pure law problem, often return under cover rear a lot of complex elements.
In view of this, what the United States uses is law and mediation " work along both lines " . All hospitals need the arbitral committee that establish, it is actually " covert " intercessory committee, the member comes from square field surface of the society, the doctor that includes a hospital, person that register delegate of nurse, priest, community, work, groom worker, teacher, lawyer, etc, a lot of these people are medium returning is a volunteer, do not receive any pay. The task of arbitral committee basically has -- ,
One, unskillful and faulty medical or surgical treatment of special responsible investigation, the key of investigation depends on attestation be in charge of a doctor responsible endeavor and blamable, and to suffer from just report according to the facts. Once confirm director doctor is blamable, report to the judicial department, give a ruling by the court and punish. dog crates large
2, loading similar our country to reside appoint in the meeting " intercessory committee " the part of make concessions to avoid trouble. Because the cure, point of view that has bilateral consideration problem is different, happening of doctors and patients conflicts actually unavoidable, right now committee has to appear personally, responsible " amortize " bilateral insecurity concerns, spoken parts in an opera is the important matter changes small, bagatelle namely, till both sides is achieved,understand or forgive. Nevertheless, arbitral committee is advisory service orgnaization merely, just offer a proposal to give doctor, patient and family member, do not have legal effectiveness.
If mediation does not have the door, fall victim patient or its family member can retain a lawyer, according to control evidence, proof cure square truly blamable. American law is very perfect very strict also, the odds that suffers from Fang Sheng to appeal to is not low also. If cure just is proved to have serious error, fine can be as high as millions dollar, make even the hospital goes bankrupt and close down, error doctor criterion no longer can practise medicine.
What be worth to be carried finally is, relevant insurance company also can undertake supervisory to medical treatment process. This added a to ensure patient interest is added again " safe " . Because insurance company has technical staff to make professional identification,this is, and capable to let suffer from through all sorts of ways just get compensatory.
If suffer from,just go to a hospital instead make trouble, even if rational, because probable also meeting endangers medical treatment or public order and by arrest, if make other is harmed as a result of use force, serious can be chained and thrown into prison even. Since rely on hand dispute of law to be solved not hard, suffer from square nature to also won't take a risk to become easily " cure is troubled by " .
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