Health depends on life. Due to the special responsibility of medical staff, medical behavior has high risk. In medical practice, disputes between doctors and patients are inevitable. However, the prior understanding, preventive measures and post-event handling methods of relevant institutions may affect the trend of the whole dispute, which may lead to different outcomes of disputes, medical disputes, medical litigation, administrative events or media focus. Below, we will briefly describe the possible impact of doctor-patient disputes, which may be incomplete or biased due to hasty preparation, for reference only:
First, the legislative trend of doctor-patient disputes
Medical disputes and medical accidents are not the same concept, that is to say, medical disputes do not necessarily lead to compensation obligations. However, with the gradual improvement of legal concept and social consciousness, the protection of this vulnerable group of patients will gradually increase. It is obvious from the recently promulgated Tort Liability Law that the current legislative purpose reflects this trend. Therefore, medical institutions and related institutions (including equipment, drugs and other providers) should also pay attention to this, so as to prevent delaying the opportunity and nip in the bud.
In practice, we often find that when dealing with medical accidents, hospitals often lack understanding from the preparation of legal documents to the consultation with patients, the standardization of medical documents and the defense of medical litigation, which leads to many adverse consequences. Because this problem is too complicated, we can discuss it separately in the future.
Second, the settlement mechanism of medical disputes
At present, there are generally three medical dispute resolution mechanisms in China, one is the agreement between doctors and patients, the other is the mediation of relevant institutions, and the other is the mediation of litigation by courts. Generally speaking, patients will take a certain order when implementing these three methods, that is to say, consultation with the hospital is the first step, and if it cannot be achieved, other processes will continue. Therefore, the negotiation and consultation work in the hospital is very important, which often affects the outcome of the whole dispute.
In practice, although the law provides oblique protection for patients, the legal judgment largely depends on medical expertise (made by local medical associations) and judicial expertise (made by judicial expertise institutions), which are inextricably linked with medical institutions. So it is not easy for patients to win the case. On the surface, this is the protection of medical institutions. In fact, the fairness of legal application can not be fully reflected in medical disputes, which leads to the complexity and diversity of medical disputes. The widespread use of non-legal means has seriously interfered with the normal operation of medical institutions. From the "medical incident in Nanping, Fujian", we can deeply understand how a medical dispute evolved from a dispute to an incident. From the perspective of social impact alone, medical institutions may be the biggest losers.
Therefore, the premise of dealing with medical disputes should not be economic success, but how to prosecute. This point has been recognized in the communication with managers and doctors in some big hospitals. Of course, due to important factors such as patients' psychological expectations and actual medical mistakes, dealing with similar situations is by no means as simple as general legal issues. However, a clear understanding of the premise and direction will help prevent the situation from expanding and better resolve disputes.
Third, the impact of medical disputes.
1, economically
After the occurrence of medical disputes, the main appeal of patients is economic compensation. According to the relevant laws and regulations of our country, the person liable for compensation can be either a medical institution or a supplier of equipment and drugs. In fact, the latter is more complicated, the scope of influence will be greater, and the risk that disputes may evolve into events is greater. But for medical institutions and suppliers, it is more complicated to deal with. A little carelessness will turn an independent medical incident into a class action lawsuit, which may be a disaster for enterprises. Therefore, when dealing with similar situations, we must take interest litigation as the main goal (of course, this does not mean making concessions in negotiations. In many cases, concession can not only fail to achieve the purpose of interest litigation, but may even lead to more serious consequences), so it should be handled with caution by means of law and public relations.
2. Management place
When the compensation obligor of the incident involves the supplier's situation, it often leads to administrative intervention. In practice, at present, the management of medical institutions in China is not standardized, and there are many hidden dangers in the management of drugs and devices. For example, hospitals and intermediate people's courts, contracting of departments, implementation of scientific research projects, gray areas in instruments and drugs, access to SDA, and expanding the clinical application scope of drugs or instruments. We can fully realize the risks of industry events from Ogilvy & Mather's breast augmentation case, Shuanghuanglian injection incident, Hunan profiteering drug incident and other cases, and should take precautions in advance. Due to the particularity of administrative intervention, when the incident breaks out, all participating institutions will have shortcomings in event preparation. So there may be a lot of problems surfaced, and even many parts have nothing to do with the case. However, this is the last straw of these problems, which may be fatal.
It is suggested that in daily work, medical institutions and suppliers should formulate certain risk avoidance strategies in advance, sort out every possible link in detail, and reduce future risks.
3. In criminal law
In some medical behaviors, especially after the intervention of judicial or administrative departments, a series of criminal problems may be involved, such as defects in gray areas, which are similar to administrative problems and will not be elaborated too much.
4. In public opinion
After the occurrence of medical disputes, a strange phenomenon about dispute resolution appeared. It is better to find a lawyer than a doctor, and it is better to find a reporter. Therefore, in the process of patients' rights protection, the expansion of many situations is due to the intervention of the media. This will mainly have two adverse effects, one is the reputation of the organization or product; The other is that it may lead to the spread of events, which in turn will lead to a series of other problems such as litigation and administration. Therefore, medical institutions and suppliers should have a certain awareness of media prevention, how to properly handle media relations, and how to be cautious in front of the media in an emergency.
5, the influence of the organization.
When medical disputes arise, in some specific cases, they also have a significant impact within the medical care, such as the psychology of medical staff, such as the normal operation of institutions and so on. For suppliers, the medical dispute of a new project may directly make clinicians have the thinking of avoiding risks, which will also have a great impact on the project promotion. Therefore, it is necessary to formulate a series of standardized procedures, emergency plans and related training within the organization, so that front-line medical staff can respond in an orderly manner.
6. Influence on cooperation between medical institutions and suppliers
After a medical dispute occurs, when the dispute involves suppliers and products, cooperation may be affected by the division of responsibilities between the two parties, and legal recourse may even be resorted to. Therefore, it is very important to clarify the legal responsibilities of both parties. A perfect agreement is not only a direct evidence to clarify the rights and obligations of both parties, but also an important guarantee to calm the disputes between the two parties and successfully fulfill the agreement.
The above content, only from daily affairs, may not be complete enough for reference.