First, how to deal with minor medical accidents
1, report
Article 13 of the Regulations on the Handling of Medical Accidents stipulates: "If medical personnel have or find medical accidents in medical activities, which may lead to medical negligence or medical accident disputes, they shall immediately report to the person in charge of the department where they are located, and the person in charge of the department shall promptly report to the department or full-time (part-time) staff responsible for monitoring the quality of medical services in this medical institution; After receiving the report, the department responsible for monitoring the quality of medical services or full-time (part-time) personnel shall immediately investigate and verify, truthfully report the relevant situation to the person in charge of the medical institution, and inform and explain the patient. " Article 14 stipulates: "In the event of a medical accident, a medical institution shall report to the local health administrative department in accordance with regulations. If the following major medical negligence occurs, the medical institution shall report to the local health administrative department within 12 hours. " The specified reporting system has the following functions:
(1) immediately report the medical accident or incident to the superior doctor or administrative leader, so as to take effective remedial measures in time and minimize the adverse effects of the accident or incident on patients.
(2) Grasping the first-hand information and evidence in time is helpful for the accurate identification, accurate characterization and correct handling of medical accidents or incidents. Therefore, after the occurrence of a medical accident or incident, only when it is reported immediately can the medical unit send special personnel to keep all kinds of materials needed to find out the case, and seal up and keep the scene to avoid some situations that are not conducive to the identification and handling of the medical accident or incident.
(3) After a medical accident, medical institutions, patients and their families often have disputes about the nature and causes of the accident or event, and it is difficult to unify their understanding, which requires technical appraisal or autopsy. Only by reporting immediately can the medical unit or the health administrative department investigate and deal with it in time, especially in the case of death, and can the autopsy be carried out in time to ensure the accuracy of the autopsy results. Autopsy should be organized by qualified institutions and personnel within 48 hours. If the medical unit or the patient's family refuses the autopsy, or delays the autopsy for more than 48 hours, which affects the determination of the cause of death, the party who refuses or delays it shall be responsible.
(4) When there is any dispute over the identification and handling of medical accidents, it shall be submitted to the local medical association for identification and handled by the health administrative department. If they are dissatisfied with the conclusion made by the expert group on technical appraisal of medical accidents or the treatment made by the health administrative department, the patients, their families and medical units may apply to the technical office of medical accidents at the next higher level for re-appraisal within 15 days from the date of receiving the conclusion or treatment notice, or apply to the health administrative department at the next higher level for reconsideration, or bring a lawsuit directly to the local people's court.
2. Take timely measures to prevent the damage from expanding.
Article 15 of the Regulations on Handling Medical Accidents stipulates: "When medical negligence occurs or is discovered, medical institutions and their medical staff shall immediately take effective measures to avoid or reduce the damage to patients' health and prevent the damage from expanding. "Timely and effective measures taken by medical institutions include: conducting necessary auxiliary inspections to confirm the degree of damage caused by negligence; Take necessary drugs, surgery and other treatment methods to reduce the consequences of damage; Other measures taken to avoid medical malpractice disputes. These measures should be highly targeted and effective to minimize the harm to patients.
3, take good care of all kinds of information, sealed the scene in kind.
Article 9 of the Regulations on Handling Medical Accidents stipulates: "It is strictly forbidden to alter, forge, conceal, destroy or rob the case data." Article 16 stipulates: "In the event of a medical accident dispute, the discussion records such as death cases, difficult cases, superior doctors' rounds, consultation opinions and course records shall be sealed and unsealed in the presence of both doctors and patients. Sealed medical records can be copied and kept by medical institutions. "Article 17 stipulates:" If blood transfusion, blood transfusion, injection, drug abuse, etc. Suspected of causing adverse consequences, both doctors and patients shall jointly seal and unseal the on-site physical objects, and the sealed on-site physical objects shall be kept by medical institutions; If inspection is needed, both parties shall jointly entrust an inspection agency with inspection qualification according to law to conduct inspection; When both parties cannot make an appointment, it shall be designated by the administrative department of health. If it is suspected that blood transfusion has adverse consequences and it is necessary to seal up blood, the medical institution shall notify the blood collection and supply institution that provides blood to send personnel to be present. "
Mastering first-hand information and evidence is the premise of accurate identification, accurate characterization and correct handling of medical accidents or events. Therefore, after receiving the medical accident report from the relevant medical personnel and their departments, medical units should do a good job of keeping and sealing up according to law, so as to avoid things that are not conducive to the handling of medical accidents.
Step 3 investigate
Medical units should immediately investigate and deal with medical accidents or incidents and report to the health administrative department at the next higher level. Medical accidents or incidents of individual medical personnel shall be investigated and handled by the local health administrative department. Patients and their families can also make investigation requirements to medical units. In fact, the process of investigating medical accidents or incidents is to find the basis for handling medical accidents or incidents, and to analyze the causes and processes of accidents or incidents, which is the key link in handling medical accidents or incidents. The investigation process generally involves the following aspects:
First, the test of evidence. First of all, the patient's medical record is the most original data to record the development of the disease, recording the doctor's treatment methods and ideas, reflecting the doctor's sense of responsibility. In order to find out the truth of the accident, it is necessary to check the medical records to determine whether they have been altered. Secondly, the drugs, medicine bottles and residual liquid medicine, blood, urine and secretions of patients extracted from on-site investigation were analyzed and specimens were made. Third, if it is suspected that the patient has received allogeneic blood by mistake, the newborn has been replaced by mistake, or the allogeneic organ transplantation is improper, blood type testing is needed. Finally, if it is suspected that the accident is caused by medical equipment failure, professionals should be invited to inspect medical equipment and medical instruments to determine whether there are design defects, mechanical failures or circuit failures.
Second, examine the living body and dissect the corpse. Biopsy refers to the physical examination of patients to determine whether they are disabled or not, whether they have dysfunction caused by tissue and organ damage, and to determine the degree of disability and dysfunction, so as to provide objective and scientific basis for the correct handling of medical accidents. Autopsy is mainly pathological anatomy and forensic anatomy to determine the cause of death.
The third is the investigation and interview of the person in charge of the medical unit, the responsible medical staff, the patients and their relatives, and the patients present, and the medical authority consultation of difficult medical problems. In the process of dealing with medical malpractice, we can't ignore the inquiry between doctors and patients. Because asking both doctors and patients can get some useful information for dealing with medical accidents, which can better eliminate the contradiction between doctors and patients and communicate with them, thus solving medical accidents smoothly.
Step 4 draw a conclusion
On the basis of investigation and study, the medical accident handling department should finally make a handling opinion on the accident. For cases that do not constitute medical accidents, the situation and reasons should be explained in detail to patients and their families in written form. Those who constitute a medical accident shall be ordered to bear civil liability or administrative liability according to the Regulations on Handling Medical Accidents and other laws and regulations, and those who constitute a crime of medical accident shall be investigated for criminal responsibility according to law.
Medical disputes are complex and policy-oriented, so medical units and health administrative departments must seriously accept and deal with them and do a good job in all aspects.
(1) Reception: The first problem in receiving visitors is to build their trust. No matter whether there is medical negligence or not, we should express our condolences and sincere enthusiasm to the patients or their families. Even if the other person is angry, or the language is not good, we should advise, advise, and don't be angry. First-time visitors must listen patiently, remember carefully, and collect as many materials related to the dispute as possible to provide a basis for the investigation. Don't give a positive or negative answer to the question easily. Visitors should not interrupt, interrupt or make unnecessary explanations when stating their views, so as not to be mistaken for shielding or protecting. Finally, we must draw a conclusion according to the facts, and only careful investigation and study can make a correct analysis and judgment. Therefore, it is necessary to properly preserve and protect medical records, objects and the scene.
(2) Autopsy: When the family members are dissatisfied with the medical process, the relevant medical staff should make preparations, inform the patient in writing after death and guide the family members to conduct an autopsy. According to the relevant regulations, autopsy should be carried out by specialized institutions and qualified personnel recognized by the health administrative department, with the purpose of analyzing and diagnosing the cause of death, finding out whether there is negligence, whether the operation accidentally injures organs, etc. To provide an objective basis for identifying and handling disputes.
(3) After-care treatment: After-care treatment must be selfless, adhere to principles, strive for accurate characterization, handle properly, close the case quickly, and leave no tail. To win the understanding, cooperation and support of patients or relatives, we should rely on the local government and relevant social departments. On the basis of reaching an agreement, it is best to perform notarization procedures and sign a notarization agreement to avoid duplication and make the agreement legally effective.
Second, medical accidents
Refers to the medical institutions and their medical staff in medical activities, in violation of medical and health management laws, administrative regulations, departmental rules, diagnostic and nursing norms, routine, misdiagnosis and improper treatment measures, resulting in different degrees of mental and physical damage to patients, or missed the diagnosis and delayed the opportunity to cause damage to the accident. To determine whether it is a medical accident, a medical accident appraisal committee is needed for appraisal.
The above contents are related answers. For general medical accidents, in the process of handling this process, the hospital needs to conduct a report and investigation first. This is to protect some evidence at the scene and then draw corresponding conclusions. If you have other legal questions, you can consult the relevant lawyers.
How to deal with minor medical accidents @20 19