What should lawyers pay attention to when looking for medical disputes?

First, choose a "professional" medical dispute lawyer. Medicine is a highly specialized science. Medical disputes involve not only internal medicine, surgery, gynecology and pediatrics, but also physiology, biochemistry, pathophysiology, pathology, anatomy, diagnostics, laboratory science, medical ethics, hospital management and other related fields. Therefore, medical disputes cannot be solved by ordinary lawyers. A competent lawyer should not only have a deep legal foundation, but also have a solid knowledge of general practice, which must be systematic. Patients and their families can imagine how a lawyer who can't even understand prescriptions, doctor's orders, laboratory tests and test results can safeguard the legitimate rights and interests of patients and their families. In the process of medical dispute representation, we often see that many lawyers who represent medical dispute cases have no relevant medical education and clinical work experience, but only represent more "experienced" medical dispute cases. For medical dispute cases, no two cases are the same, not only the same patient's treatment department is different, but also the surgical plan is different; Not to mention that the same disease is individual difference among different patients. Even for the same patient, the analysis of the same disease is different, and it should be decided according to the specific conditions of the disease and the specific treatment of medical institutions. In the process of representing cases, those who feel "insufficient knowledge reserve" and "lack of professional knowledge" are professional lawyers who come out of the clinic. Not to mention the "medical experience" of a lawyer without medical professional knowledge background! What needs special explanation here is that a lawyer who has just graduated from medical school and has no actual clinical experience can hardly be called a "professional medical lawyer". Because, the actual clinical experience and treatment of patients, the choice and change of medication, the balance and choice of treatment scheme, the incision and choice of operation, and the later review and treatment must be applied and accumulated in practical clinical work. Without practical work experience, it is difficult to find the problems existing in the whole treatment process of medical institutions in the legal practice of medical disputes, and it is also impossible to safeguard the legitimate rights and interests of patients and their families. Second, choose a lawyer with strong "integrity" Judging from the choice of lawyers by patients and their families, regardless of whether the lawyer you choose has relevant medical knowledge background, he must be an honest lawyer, that is to say, this lawyer should be a lawyer who tells you the truth. This "truth" should include: what lawyers can do for you and what lawyers can't do. In China's lawyer service activities, in order to be able to represent cases, individual lawyers "falsely promised" many results to patients and their families when accepting cases, including winning the case and the amount of compensation. It should be said that such a lawyer is very irresponsible! Judging from the medical dispute cases represented, it can get the support of the judge, which requires high evidence and litigation concept, and there are great variables in the medical appraisal results. If there is a medical fault in a medical institution, the amount of compensation is often relatively small. It should be said that medical disputes are very difficult to fight. It is irresponsible to make unrealistic "promises" before litigation. Therefore, when communicating with lawyers, patients and their families often have many unrealistic things. Although his promise caters to the anxiety of patients and their families, if the result of litigation fails to reach the promised result, the adverse result of litigation will still be borne by patients and their families. Unrealistic promises before litigation seem to be just a cover, and there is no legal protection for patients and their families. From the social experience, "bitter medicine is good for illness, bitter words are good for action", and a liar who talks big can sell "a good man who is lame to him". Litigation is risky. For the standard of winning the case, patients and their families often consider that not only the judge supports all litigation requests, but also the amount of compensation should meet their own requirements! It is almost impossible to win such a "complete victory" case. 3. Grasping the winning criteria According to the professional norms of the lawyer industry, the "winning" of litigation includes a range, including: 1, and the determination of the nature of the case: that is to say, regardless of the amount of compensation, it can be determined that there is a medical fault in the medical treatment process through the behavior in litigation, that is, the legal "qualitative" problem. Because in medical dispute litigation, whether to identify the existence of medical fault is to identify the omission of medical institutions in legal nature, even if it is the legal basis for claiming compensation in the next step, it is also a necessary condition for legally confirming the wrong behavior. Therefore, lawyers pay special attention to the definition of "legal characterization". This result is often suitable for patients and their families who want to ask for an explanation. For these parties, the amount of compensation is not important. It is the expected result of patients and their families to legally determine the responsibility of medical institutions. 2. Compensation amount: Due to the consideration of the late treatment expenses and early economic investment of patients and their families, patients and their families often demand compensation not only for related expenses, but also for legal fees, lawyer's agency fees, transportation expenses, etc. There are many demands when determining the amount of compensation. The problem that patients and their families want to solve through litigation is not the fault of medical institutions, but economic problems, and the purpose of litigation is to obtain more compensation. However, it is impossible for lawyers to determine the final compensation amount according to the "ideas" of patients and their families. Due to the particularity of legal cases of medical disputes, it is difficult for us to "predict" a compensation amount for the parties when accepting medical disputes. Therefore, after the parties know the court decision, don't complain to your lawyer because the compensation amount is small, because it is a legal fact that the compensation amount for medical disputes is generally low. It's not your lawyer! If your lawyer should "promise" the amount of compensation before the lawsuit, then he is either "false promise" or too ignorant of medical dispute cases. As professional lawyers in medical disputes, we almost avoid talking about such issues. For patients and their families, we will not give a clear amount of compensation. This is not irresponsible to patients and their families. On the contrary, it is to protect the rights and interests of the parties to the greatest extent. Irresponsible "estimation" and "commitment" are irresponsible to the parties! There are many legal procedures and links in medical dispute cases, and accidents may occur in any procedure, and each result will have an impact on the litigation results (such as expert conclusion, evidence identification, cross-examination procedures, etc.). ). These handling opinions cannot be foreseen and controlled by the attorney. This is obviously different from the situation of "economic disputes". After receiving the case, a preliminary legal opinion can be obtained through analysis. Medical disputes are far from being reached. It should be said that the amount of compensation is a concern of patients and their families, and it is often asked in daily case consultation, calculation of compensation amount and legal practice. Four. Trial procedure In the practice of medical dispute litigation, because patients and their families are influenced by some European and American film and television works, the litigation process is regarded as a locked debate between lawyers. In fact, no matter how wonderful the performance in film and television works is; How ups and downs the story is. That's a film and television work, which is far from the actual medical litigation. It's not that your attorney doesn't work hard, but that patients and their families don't know the real trial process and regret being disillusioned after seeing the real lawsuit. Due to the differences in legal systems between China and Europe and America, judges are in a dominant position in litigation and pay attention to litigation procedures. The whole litigation process should obey the judge's command, and the judge has the right to stop remarks that are considered irrelevant to the case. The whole litigation was conducted in strict accordance with the legal provisions of the litigation procedure. In the legal system of European and American countries, "the idea of the parties" is implemented. Lawyers play a powerful role in litigation, and judges are the audience, fully listening to the opinions of both parties. Therefore, if patients and their families have a general understanding of medical litigation procedures, they will cooperate well with lawyers' litigation. Otherwise, lawyers do not have enough time to explain to patients and their families in litigation, which will only increase the obstacles to litigation and increase the workload of lawyers. It doesn't help the outcome of the lawsuit! Here, I also want to remind patients and their families that, after all, lawyers participate in litigation to speak for patients and their families, but they will never completely replace patients' litigation status. It is unrealistic for patients and their families to want to find a lawyer without worrying about it! It is also impossible. Because patients and their families are witnesses of the whole medical process, the relevant medical and rescue facts are not clearer than patients and their families! Therefore, in court, patients and their families are still the subjects of litigation, and attorneys cannot replace patients and their families. In court, the two sides should coordinate and cooperate well, unify their thinking, unify their fact finding, and deal with problems and situations in litigation. Otherwise, if the two sides do not cooperate well, the judge will be confused! V. Expectations of the case. In the legal consultation of medical disputes, one of the most frequently asked questions is "What are our chances of winning?" ? We refuse to answer this question. There are many links in medical litigation, which is the most obvious difference from other civil disputes. The legal relationship is simple and the facts are clear. When accepting a case, you can generally have an "estimate" in your heart. However, in the face of doubts from patients and their families, we hope to maintain a good attitude and actively strive for a good litigation result for medical litigation attorneys and parties. But if the result of the lawsuit is not ideal, don't "get to the bottom of it". After all, it is normal for the law to determine the facts, and the trial procedure is very different from the way of thinking of ordinary people. In fact, it exists, but there is no evidence and it has not been recognized by the court. Patients and their families should not feel that "the whole society is dark" and "they can't live" when they receive the verdict. After all, a medical lawsuit is just an experience on the road of life. For patients and their families, the meaning of life is not just for this lawsuit. Even if we lose the case completely, our life will go on. Litigation is not the whole of our life. Therefore, I emphasize here again that medical litigation is long in cycle, with many links, high in cost, low in compensation and high in risk. Patients and their families should fully consider the risks of litigation before litigation. What is the purpose of litigation before litigation? Don't get emotional. In the choice of lawyers, in addition to professional and technical conditions, lawyers should be people who tell the truth. To tell the truth is that he made clear the risks and difficulties. To tell the truth is that patients and their families have heard what they don't like to hear. Real medical lawyers should not blindly cater to the demands of patients and their families. Patients and their families should also be very clear that the final verdict is not the lawyer's decision. The consequence of "complete commitment" is bound to be "false commitment" or even "fraud". Sixth, the purpose of litigation should be clear. As a medical professional lawyer, I really provide services for people who need legal help in medical disputes. For those who want to "make money" through medical dispute litigation, or those who have medical faults in medical institutions but want to get "more money". These people's litigation motives and purposes are questionable, and we will not represent such medical disputes! A family member of the deceased once came to my office for consultation. When he came, the momentum was extraordinary, and there was an atmosphere of no litigation, no litigation and sorry for the deceased! Upon inquiry, the relatives at home can be described as "high-quality personnel", one is a district-level leading cadre in a big city in China, one runs a private clinic in Hong Kong, one works in Japan and one is unemployed in Beijing. In the process of consultation, I repeatedly stressed that it is not for money, but for giving the elderly an explanation and so on! I gave them a rough estimate of the possible compensation, and told them that if these compensation were supported by the court, it would basically be equal to legal fees and other related expenses, and they would "decisively" tell me not to go to court. The family went out without saying hello. For patients with financial difficulties in their families and their families, even if they are not mentioned during the consultation, I will take the initiative to raise them. I will objectively analyze the case. If such a family is economically reasonable, it must be considered. I don't want a family to be dragged into the mire and abyss by a lawsuit. For families with financial difficulties, they tend to have a clearer purpose of litigation, communicate more frankly with lawyers, and are much better than "people with quality". Strangely, the patient and his family actually entrusted a lawyer, but they didn't tell him what they really thought. So that a lawyer can defend your litigation rights? The purpose of some patients' litigation is very clear. It is really not for money, but to "stink" a medical institution through medical litigation! Such parties often have good economic conditions and are really not short of money, but they are psychologically unbalanced when they think that they or their families have suffered losses and abuse in medical institutions! Faced with such a purpose of litigation, we as lawyers are opposed. Although we are patients' attorneys, we should objectively say that the purpose of medical litigation is to resolve and resolve contradictions and disputes. The purpose of litigation is definitely not to "discredit" an institution or individual and be ashamed to be a man. The purpose of bearing civil liability for compensation is to identify and deal with the infringement, but it is by no means to "strike" any institution or individual. Some patients and their families demand that a doctor be investigated for "criminal responsibility" in order to "revenge". In the face of such patients, their ignorance and ridiculousness about the law is indescribable. It is difficult for such parties to communicate and convince them, so I will tell them that you can go to the public security bureau or procuratorate to file a case first, and then I will represent you! Because I know that the judiciary will never accept such "unreliable" criminal cases! Just to let them know the nature of the case! Therefore, once again, it is suggested that some patients and their families correct their mentality of litigation rights, do not send lawsuits beyond the scope that legal procedures can bear, and restore medical litigation to real legal litigation. Don't mix non-litigation purposes in litigation! Seven, correctly clarify and evaluate the role of lawyers in litigation patients and their families often ask, are you familiar with the judges and prosecutors of a court or procuratorate? Wait! This is obviously to achieve the purpose of litigation by violating the means! As a professional lawyer, I am not a "pimp" between the client and the judge. Such a thing is not shameful for lawyers! We won't give the judge food, drink and red envelopes for a case. In this way, the parties do not need to find a lawyer to do such a thing. I believe there are more people who are more familiar with judges than lawyers! Although there are such negative reports in the media every year! However, I still believe that the vast majority of judges, prosecutors and lawyers are good, and there are still a few people who break the law! In a city like Beijing and Shanghai, the quality of judges is still very good! If you don't analyze the lawyer's case, just talk about his relationship with a judge and prosecutor, and so on! Such lawyers are either liars or scum of the legal profession! As patients and their families, no one is more eager for judicial justice than anyone else, and more hopes that judges will make fair judgments. However, our patients and their families should not engage in the following "small moves"! Is this judgment fair? In a case I represented, a patient lost the case because he could not provide evidence that he could not get pregnant. When I was analyzing the reasons for losing the case for her, the patient who had obtained a residence permit in Canada actually said that such evidence should be your lawyer's business. Don't fool me with any insufficient evidence! Her meaning is clear. I, a male lawyer, want to issue a certificate that this female patient can't be pregnant! This is an obvious instruction for lawyers to falsify! In the eyes of such parties, lawyers should be people who can issue false certificates, provide false certificates, and eat, drink and gamble with judges! Therefore, when patients and their families want to hire a lawyer, they should make clear the role and purpose of the attorney, such as the "shame" problem above, and avoid opening their mouths. This is not what a lawyer should do! Eight, to understand what to provide lawyers. In medical dispute consultation, many patients ask interesting questions! A patient asked: The patient died half an hour after arriving at the hospital. Is the hospital a medical accident? Questions like this belong to medical legal issues. Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts stipulates that the amount of compensation for mental damage is determined according to the following factors: the degree of fault of the infringer, unless otherwise stipulated by law; Specific information such as means, occasions and behaviors of infringement; Consequences caused by infringement; Profits of the infringer; The economic ability of the infringer to take responsibility; The average living standard of the court of appeal. Medical dispute cases have strong professionalism and particularity, which the general public can't understand and ordinary lawyers can't do. The choice of medical lawyers directly determines the outcome of medical dispute cases. Respect everyone's life and body, and treat medical disputes with a scientific eye. Doctors should have a sense of responsibility, and we should not ask for the truth too much.