The 76-year-old Ms. Zhang, due to double vision, went to the Eye Hospital of the China Academy of Traditional Chinese Medicine five months ago and asked for double cataract ultrasonic emulsification union implantation. After the hospital examination, it was found that, in addition to double senile cataracts, Ms. Zhang also has Silhan's syndrome, hypertension, polycystic kidney, renal insufficiency in the compensatory stage, anemia cause to be investigated, Coronary artery disease, pericardial effusion, cardiac insufficiency in the compensatory stage and a series of other diseases. Doctors believe that the patient in the existing situation, belongs to the cataract ultrasonic emulsification combined IOL implantation contraindications, so many times to the patient's family that the patient should not be operated on, but the patient and his family still insist on insisting on the patient to carry out cataract ultrasonic emulsification combined IOL implantation, and declared that all the adverse consequences brought about by the patient and his family members to be responsible for their own, and has nothing to do with the hospital and the doctor in charge of the patient.
In this case, the doctor and the patient formulated a notary certificate of surgery, and to the Beijing Shijingshan District Notary Office for notarization, the notary certificate of the hospital will be the dangers of the operation and possible accidents *** listed 12, and finally emphasized that: once the accident and the above critical situation, or the patient's original condition aggravated, resulting in the death of the patient, the hospital and the doctor in charge of the hospital do not bear any Legal responsibility; the hospital and the attending physician does not undertake the above medical process and the resulting complications of any medical, rescue costs, patients and their families take the initiative to bear all the consequences and responsibilities.
Thankfully, the surgery was ultimately a success, and the first notarized case of surgery in the capital city drew a successful conclusion.
Surgery notarization gets praise from doctors
The incident was disclosed by the media and immediately gained praise from hospitals and medical staff. Some doctors in Beijing said, "Surgical notarization is equal to advancing the medical appraisal after the fact, so that patients know in advance of all possible situations, which can be said to be an effective means to reduce medical disputes." Other doctors say: surgery notarization allows doctors to lighten their load and turn pressure into motivation to maximize their skills and potential. Even some media outlets have listed several benefits, such as: the first is that patients are fully informed and have sufficient mental preparation for all kinds of possible accidents. Once the accident occurs, patients and their families can easily regulate their psychological state. The second is that notarization has a legal basis in terms of behavior, facts, and instruments, so that medical personnel are lightly loaded and actively save the patient. The third is once the original expected, after the notarization of the accident, the doctor and the patient have contradictions, by the third party with the force of law to stand on the position of legal justice to adjudicate, easy to harmonize the differences.
Lawyer said: notarization can not reduce medical disputes
Beijing law firm lawyer Huang Xiao believes: doctors and hospitals, to save lives and help the injured is the basic embodiment of its functions, medical technical accidents or accidents to bear the corresponding legal responsibility, which is the legal requirements, doctors and patients can not be exempted from one party's fault responsibility by way of an agreement, not to mention that it should not be draped in The "notarization" of the legal cloak.
"Notarized" in the law only to play a role in strengthening the legal effect of evidence, notarized agreement is first of all to be legal. The doctor-patient agreement appears in the hospital "not responsible for" the language, and is not legal. The use of patients in a hurry to surgery to force the signing of the opportunity to "take advantage of people's danger" suspicion, "take advantage of people's danger" agreement in the law is invalid. In fact, "notarization" can not reduce the number of disputes between doctors and patients, but may reduce the responsibility of medical staff. In addition, this unfair and illegal notarization may also intensify the conflict between doctors and patients, so that patients have no trust in doctors and hospitals, triggering vicious violence.
Patients said: medical notarization does not make sense
Beijing, a senior teacher Yang Shaode teacher that: hospitals require emergency patients notarized after surgery, from time to time it is unlikely that we all know that life-saving needs to be scrambled to save a minute and a second, and notarization needs to be notary public by the doctor and the patient signed an agreement and then notarized, even if it is the notary public to the hospital on-site, but also need a certain amount of time, which is not good for the rescue of patients, and also not good for the patient. Rescuing the patient is not favorable, and is not in line with the principle of saving lives and helping the injured. For people who do not understand notarization, it is easy to misunderstand that "medical disputes are solved by the notary", in fact, the notary only reviews and confirms the content of the agreement, and is not responsible for the subsequent medical process. The notary public does not understand the medical technology, there are medical disputes still have to look for the health administrative department and the Medical Accident Identification Committee to solve.
Another retired teacher, Ms. Lv Yuezhen, believes that: from the patient's point of view, do not agree with the notary public, the hospital is a unit to save lives and should be people-oriented, and can not be used in this way to solve the problem of medical disputes.
Practitioner Law: not to refuse first aid treatment
"People's Republic of China **** and the State Practitioner Law", Chapter III "practice rules" in Article 24 provides that: for patients in critical condition, the physician should take urgent measures to diagnosis and treatment, not to refuse first aid treatment. In chapter 5 of the law, "legal responsibility", article 37 provides: "due to irresponsible delay in the rescue and treatment of patients in critical condition, resulting in serious consequences", the people's government at or above the county level, the administrative department of health to give a warning or order suspension of more than six months, one year or less practice; the circumstances are serious. The following practice; the circumstances are serious, revocation of its practicing certificate; constitutes a crime, shall be investigated for criminal responsibility.
From the above legal provisions, hospitals to take "notarization before surgery" for emergency patients with conditions attached to the treatment is contrary to the "Physicians Law".
Reducing doctor-patient disputes should start from the hospital itself
At present, doctor-patient conflicts are becoming more and more acute, disputes, deputy director of the Beijing Chaoyang Hospital Li Ning believes that: to reduce the disputes, ease the contradiction, the medical profession should start from their own, first of all, we must regulate their own behavior, respect for the rights and interests of patients, to improve the medical service, and take the initiative to accept the patient's supervision. According to Vice President Li, doctors used to be simple and rigid when delivering surgical matters before surgery, not paying much attention to patients' rights and interests. Now, Chaoyang Hospital has reformulated its service norms, which require detailed explanation of the situation to patients and their families before surgery, full communication, and, if necessary, a plebiscite with the patients and their families. Although this preoperative communication has been extended from ten minutes to one or two hours, which on the surface seems to be an extra trouble for the doctor, it actually eliminates unnecessary disputes after the operation. This measure has been implemented for six months and has been recognized by both doctors and patients.
The practice of Chaoyang Hospital has proved that notarization of surgery is not the only magic weapon to solve the disputes between doctors and patients. If hospitals and medical personnel practice medicine according to the law, fully protect and respect the rights and interests of patients, and regulate the medical behavior, they can reduce the disputes, alleviate the contradictions, and better serve the patients.
The first domestic surgery notarization and its derivatives
In 2000 a congenital serious eye disease patients, one eye has long been blind, the other eye retinal detachment, hemorrhage, if not immediately surgery will also be blind. The patient ran to several hospitals for treatment, but was not saved because the medical risks were too great. After much pleading by the patient and his family, Xishan Hospital in Jiangsu Province decided to operate on him. Although the patient's family repeatedly said that if the operation fails, the hospital will not hold the hospital responsible, but the hospital insisted on signing a medical agreement with the patient and notarized by a notary public.
Subsequently, a major hospital in Chengdu City, Sichuan Province, drawing on the experience of Jiangsu Province, the proposed implementation of the critically ill patient was pushed into the operating room before the hospital and the family signed a relevant agreement, the agreement provides that "the hospital in accordance with the formal treatment mode of operation, such as the operation of the accident, the hospital will not be responsible for". Then notarized by a notary public, the agreement can produce legal effect.