Source | "Medical" WeChat official account
On June 65438+1October 2 1, the official "Donggang Release" of Donggang District Government of Rizhao City, Shandong Province issued the "Opinions on Handling Issues Related to Doctor Li Moumou's Online Live Gynecological Surgery": the doctor involved Li Moumou was criminally detained by Rizhao Central Hospital, and was arrested, and his qualification certificate as a medical practitioner was cancelled according to laws and regulations, and he was dismissed.
In addition, the relevant personnel of 1 1 who have the leadership responsibility and direct management responsibility of the district government, the district health and family planning bureau and the hospitals involved were seriously accountable, and those who have the direct management responsibility and important leadership responsibility were dismissed.
Will Dr. Li be banned for life?
The circular issued by Donggang said that Li had lost his professional ethics and broke the bottom line of medical ethics, and his behavior was very bad.
According to the latest revision of the "People's Republic of China (PRC) Medical Law" Article 58:
Serious violation of doctors' professional ethics and medical ethics norms, resulting in adverse social impact, shall be revoked or ordered to stop illegal practice by the competent health department of the people's government at or above the provincial level, and shall be banned from engaging in medical and health services or medical clinical research for five years for life.
"Life-Ban Long's clinical research on medical and health services or medicine" is the latest addition in the new version of the Physician Law, which means that doctors in China, like lawyers and teachers, have established the "life-Ban Long" system. However, the new version of the Physician Law will not be officially implemented until March 1 day, 2022, which also means that Li Moumou will not apply the provisions of the new version of the Physician Law, so he will not be banned for life.
Wang Yue, a professor in the Department of Medical Ethics and Law of Peking University College of Medical Humanities, said in an interview with Medical Science that if this case happened after March 1, he thought that the lifelong ban mechanism could be started completely. "I think such an anesthesiologist will be banned for life."
Professor Wang Yue said that doctors' mistakes are usually divided into two categories, one is technical fault, and the other is ethical fault, that is, medical damage caused by lack of professional skills and medical damage caused by lack of professional ethics. The two should be clearly distinguished. For ethical mistakes, we should start the lifelong ban mechanism, and even improve the criminal law in the future, and investigate the corresponding criminal responsibility. For technical mistakes, we should be tolerant, because doctors grow up in the process of repeated failures, so we should weaken the investigation of doctors' administrative responsibility and criminal responsibility, and compensate patients injured by lack of skills in civil affairs.
Risks in doctor's live broadcast
In the context of national live broadcast, many medical staff also started their own live broadcast career.
Deng, executive director of China Health Law Society, believes that doctors' live broadcast behavior should be strictly regulated. "Although Chinese laws do not explicitly stipulate that doctors can't conduct live webcasts, some behaviors of doctors may have potential risks of violating laws and regulations during the live broadcast, so it is necessary to strictly regulate the live broadcast behavior of doctors."
If the content of the live broadcast is only to popularize medical science and publicize the necessary medical and health knowledge for the public and patients, Deng believes that it should be supported and advocated, but there are a lot of risks and problems in the live broadcast medical treatment activities. He wrote an analysis:
■ Although the form of putting patients in the mirror is vivid, there is a legal risk of infringing patients' privacy. Because the disease itself is a kind of privacy for patients, as long as it does not involve public interests, doctors should not spread it out, and any live picture may reveal the patient's information.
■ Online consultation does not rule out that some doctors have the psychology of "putting on a show", and the professionalism and effect of diagnosis and treatment will be greatly reduced, which is more likely to lead to disputes between doctors and patients. Doctors not only talk to patients at the scene, but also interact with netizens from time to time in the live broadcast room, which will inevitably lead to diagnostic errors. Once an error occurs, it will not only delay the treatment of patients, but also lead to lawsuits. In addition, doctors upload the diagnosis and treatment plans of individual patients to the network through live broadcast, which is easy to mislead other patients, resulting in adverse consequences such as delayed treatment, medication errors, and aggravated illness.
■ Online live consultation by doctors outside the working hours of medical institutions may also violate the provisions of the Physician Law and other laws and regulations. Doctors break away from the management of their registered medical institutions and sign contracts with other live broadcast platforms to get paid for online treatment, which involves whether doctors practice medicine for individuals and the legitimacy of their professional income.
In Professor Wang Yue's view, even the surgical demonstrations used by doctors for academic exchange and study should be recorded rather than broadcast live. "It is easy for doctors to treat diagnosis, treatment and surgery as personal shows. Onlookers will interfere with doctors' standardized operation and calm decision-making, which is obviously contrary to ethical and legal principles, because patients are the most important principle. "
For the choice of doctors' live broadcast, Deng also gave suggestions from the perspective of avoiding risks: doctors should avoid prescription drugs and over-the-counter drugs, and pay more attention to formula food, health food, health care products, non-implantable medical beauty products and health-related daily necessities for special medical purposes.
Deng believes that the live broadcast industry needs to establish a unified standard to ensure product quality and patient safety. For example, in rational drug use consultation and popular science live broadcast, the live broadcaster shall not carry private goods or disclose the product and brand name; For other health-related products, the live broadcaster shall not promise clinical efficacy. Relevant medical institutions should issue medical guidelines as soon as possible to provide medical and scientific basis for the evaluation and presentation of live broadcast products; Relevant industry associations should formulate industry self-discipline conventions as soon as possible, and cooperate with regulatory authorities such as the Internet Information Office, the Health and Health Commission and the Market Bureau to enforce the law.