Question 2: How to deal with disputes between doctors and patients;
In recent years, disputes between doctors and patients have become the focus of social attention. In fact, the doctor-patient dispute is a worldwide problem: not only in developing countries such as China, but also in developed countries such as Japan and the United States. Fortunately, many countries have taken the lead in how to deal with doctor-patient disputes scientifically, and the experience or lessons gained can be used for reference.
Strengthen the supervision of hospitals and doctors.
Under the guidance of Japanese * * *, central and local medical evaluation institutions have been born. Generally, every year, the public, officials and independent experts will comprehensively score all hospitals and in-service doctors, and the evaluators will issue qualified certificates, and those who fail will be given different degrees of warning, which will be publicized online or to the media. In this way, patients and their families have a basic concept of which hospital and which doctor can be trusted before seeing a doctor or being hospitalized, so as to make a rational choice conveniently and accurately. On the contrary, few people care about hospitals and doctors who often "commit crimes". Hospitals and doctors with poor professional ethics or medical skills are facing the crisis of being eliminated from their jobs.
Learn from the accident.
In order to let hospitals and doctors learn from accidents, the Japanese Ministry of Health, Labor and Welfare has established a database of medical accidents and set up a medical accident seminar attended by doctors, lawyers and representatives of non-governmental organizations, with the focus on finding out the causes of accidents and demonstrating how to prevent similar accidents from happening again in the future. Medical accidents are obviously reduced, and disputes between doctors and patients are naturally greatly reduced.
Ask the hospital to buy "accident insurance" for doctors.
Under the supervision of * * *, most hospitals have bought "accident insurance" for doctors, so most small and medium-sized disputes are expected to be resolved through insurance companies to avoid the contradiction between doctors and patients from developing further.
Coordinate the relationship between doctors and patients through legal means.
According to the relevant laws and regulations, after a medical accident, the hospital, regardless of its size, should report to the relevant departments of * * *, and then * * * will act as a "middleman" to report to the patient's family. If it is confirmed that it is the fault of the hospital, the hospital must make a sincere apology, give as much compensation as possible economically, and try to resolve the dispute by reconciliation. If there is a dispute over the responsibility between doctors and patients, and it is difficult to realize "* * * knowledge" for a long time, then you can also resort to law. It is worth mentioning that Japan has stepped up the establishment of relevant systems to help patients and their families who are at a relative disadvantage in medical litigation.
The Ministry of Health, Labor and Welfare plans to establish a new compensation mechanism in the near future, and implement a "no-fault compensation system" for the families of patients who are victims of medical accidents, that is, regardless of whether there is medical negligence in the hospital, the families of victims can get certain compensation, and the amount will be determined after careful evaluation by a third party.
Strive to shorten the trial time of the lawsuit.
Because medical malpractice litigation is often complicated and it often takes time to handle and solve, many cases are dubbed "marathon litigation". For example, 1996, the average trial time of each case is as long as 37 months. Due to the delay in reasonable disposal, the contradiction between doctors and patients is often further intensified artificially. However, with the joint efforts of * * *, hospitals and courts, the average trial time in 2006 has been shortened to 25. 1 month, and this year it has been "accelerated" to only 16 months.
At the same time, the settlement rate of medical litigation cases in Japan is also increasing year by year. It is reported that 15 has increased by 40% recently, which has also contributed to the creation of a Japanese-style "harmonious society".
Russia:
emphasize
"law takes precedence"
Unlike many countries that take "mediation first" in resolving disputes between doctors and patients, Russia resolutely puts "mediation" aside and takes "legal priority". In other words, priority should be given to solving contradictions through legal means.
If patients think that their health or life has been damaged by medical accidents, they can claim compensation from relevant hospitals, superior departments of hospitals, local judicial organs and medical insurance institutions.
Many laws in Russia (more than those in western countries) run through an ironclad principle: citizens' health comes first. Regardless of nationality, gender, economic status and cultural background, the rights and interests of patients to protect their own health are regarded as sacred and inviolable, and are fully protected in many laws.
It is reported that the legal weapons that patients or their families can use include Russian administrative violation code, consumer rights protection law, civil law, criminal law, civil and criminal procedure law, medical judicial expertise law and so on.
However, while Russian law vigorously protects the rights and interests of patients, it also "analyzes the specific problems" of medical accidents caused by doctors, rather than "killing them with one stick".
The related codes in Russia divide medical malpractice into two categories: the first category is medical malpractice. & gt
Question 3: How to correctly handle disputes between doctors and patients;
In recent years, disputes between doctors and patients have become the focus of social attention. In fact, the doctor-patient dispute is a worldwide problem: not only in developing countries such as China, but also in developed countries such as Japan and the United States. Fortunately, many countries have taken the lead in how to deal with doctor-patient disputes scientifically, and the experience or lessons gained can be used for reference.
Strengthen the supervision of hospitals and doctors.
Under the guidance of Japanese * * *, central and local medical evaluation institutions have been born. Generally, every year, the public, officials and independent experts will comprehensively score all hospitals and in-service doctors, and the evaluators will issue qualified certificates, and those who fail will be given different degrees of warning, which will be publicized online or to the media. In this way, patients and their families have a basic concept of which hospital and which doctor can be trusted before seeing a doctor or being hospitalized, so as to make a rational choice conveniently and accurately. On the contrary, few people care about hospitals and doctors who often "commit crimes". Hospitals and doctors with poor professional ethics or medical skills are facing the crisis of being eliminated from their jobs.
Learn from the accident.
In order to let hospitals and doctors learn from accidents, the Japanese Ministry of Health, Labor and Welfare has established a database of medical accidents and set up a medical accident seminar attended by doctors, lawyers and representatives of non-governmental organizations, with the focus on finding out the causes of accidents and demonstrating how to prevent similar accidents from happening again in the future. Medical accidents are obviously reduced, and disputes between doctors and patients are naturally greatly reduced.
Ask the hospital to buy "accident insurance" for doctors.
Under the supervision of * * *, most hospitals have bought "accident insurance" for doctors, so most small and medium-sized disputes are expected to be resolved through insurance companies to avoid the contradiction between doctors and patients from developing further.
Coordinate the relationship between doctors and patients through legal means.
According to the relevant laws and regulations, after a medical accident, the hospital, regardless of its size, should report to the relevant departments of * * *, and then * * * will act as a "middleman" to report to the patient's family. If it is confirmed that it is the fault of the hospital, the hospital must make a sincere apology, give as much compensation as possible economically, and try to resolve the dispute by reconciliation. If there is a dispute over the responsibility between doctors and patients, and it is difficult to realize "* * * knowledge" for a long time, then you can also resort to law. It is worth mentioning that Japan has stepped up the establishment of relevant systems to help patients and their families who are at a relative disadvantage in medical litigation.
The Ministry of Health, Labor and Welfare plans to establish a new compensation mechanism in the near future, and implement a "no-fault compensation system" for the families of patients who are victims of medical accidents, that is, regardless of whether there is medical negligence in the hospital, the families of victims can get certain compensation, and the amount will be determined after careful evaluation by a third party.
Strive to shorten the trial time of the lawsuit.
Because medical malpractice litigation is often complicated and it often takes time to handle and solve, many cases are dubbed "marathon litigation". For example, 1996, the average trial time of each case is as long as 37 months. Due to the delay in reasonable disposal, the contradiction between doctors and patients is often further intensified artificially. However, with the joint efforts of * * *, hospitals and courts, the average trial time in 2006 has been shortened to 25. 1 month, and this year it has been "accelerated" to only 16 months.
At the same time, the settlement rate of medical litigation cases in Japan is also increasing year by year. It is reported that 15 has increased by 40% recently, which has also contributed to the creation of a Japanese-style "harmonious society".
Russia:
emphasize
"law takes precedence"
Unlike many countries that take "mediation first" in resolving disputes between doctors and patients, Russia resolutely puts "mediation" aside and takes "legal priority". In other words, priority should be given to solving contradictions through legal means.
If patients think that their health or life has been damaged by medical accidents, they can claim compensation from relevant hospitals, superior departments of hospitals, local judicial organs and medical insurance institutions.
Many laws in Russia (more than those in western countries) run through an ironclad principle: citizens' health comes first. Regardless of nationality, gender, economic status and cultural background, the rights and interests of patients to protect their own health are regarded as sacred and inviolable, and are fully protected in many laws.
It is reported that the legal weapons that patients or their families can use include Russian administrative violation code, consumer rights protection law, civil law, criminal law, civil and criminal procedure law, medical judicial expertise law and so on.
However, while Russian law vigorously protects the rights and interests of patients, it also "analyzes the specific problems" of medical accidents caused by doctors, rather than "killing them with one stick".
Russian related laws and regulations divide medical accidents into ........................................................................................................................................................................ & gt
Question 4: How do doctors handle medical disputes, explain to family members and patients, and fill in medical records and sign them, otherwise you will have endless troubles.
Question 5: What are the problems in doctor-patient disputes and how to solve the tension between doctors and patients? The reasons mainly include society, medical care, media, patients and doctors.
Social causes of tension between doctors and patients. With the improvement of the socialist market economic system and the reform of the medical and health system, hospitals are positioned as service industries, and the subsidies to hospitals are getting lower and lower, only 10% of hospital income. This level of financial subsidies can only offset the expenses of retired workers. In order to survive and develop, hospitals must exchange their own labor and services for income. From the market point of view, medical technology and medical services are actually sold to patients as products, and patients pay money and get corresponding medical services. At present, the new rural cooperative medical system, medical reform for urban workers and medical and health system reform are being carried out and improved, with the aim of allowing people to enjoy "cheap and good quality" services. However, because reform is a process of completely changing old ideas, it is inevitable that there will be pain. After the hospital enters the market, in order to maintain its operation, it will not provide free medical services. Many people feel uncomfortable and unbearable about spending money on medical treatment. At the same time, the expectation of medical care has increased, and if you are slightly dissatisfied, you will complain and make a scene, which is an important social reason for the increasingly tense relationship between doctors and patients.
1.2 medical reasons for the tension between doctors and patients. With the continuous development of modern medicine, many medical problems have been solved. However, the medical field is full of many uncertainties. In addition, new viruses are constantly emerging and diseases are increasing. Even if medicine is more developed and doctors try harder, there will inevitably be some unfortunate cases of "ineffective rescue". This is not only a natural law, but also a driving force for hospitals and doctors to explore medical science. At present, the recognized medical diagnosis rate at home and abroad is only about 70%, and the emergency rescue rate is about 70-80%. Because of the great individual differences, even some common diseases and frequently-occurring diseases may become complicated. No hospital or doctor can cure all diseases. There are always two possibilities of success and failure in the treatment process and results of diseases, which is the helplessness of medicine. Many patients and their families don't understand, expect too much from medical care, act impulsively when they are dissatisfied or their loved ones die, and abuse and invade medical staff. This is an irrational extreme view and a disrespect for the basic personality of doctors. Society, hospitals, doctors, patients and their families should respect medical science and return to rationality, otherwise it will be of no benefit to anyone.
1.3 Media reasons for the tension between doctors and patients. Now the hospital has become the focus of social attention, and the news media are more willing to report medical disputes and accidents, which are obviously attracted by patients, who are often vulnerable groups and often turn a blind eye to the hard work of medical staff. The media has indeed played a positive role in controlling commercial bribery in the field of medicine purchase and sale, cracking down on red envelope kickbacks, reducing medical expenses and improving the quality of medical services. At the same time, it also makes patients have a sense of distrust of hospitals and doctors, be alert before entering the hospital, and complain if they are slightly dissatisfied after entering the hospital. If there is a dispute, they will gather people to make a scene in the hospital. Even if the lawsuit goes to the court, the judge's final judgment will be based on safeguarding the interests of the vulnerable groups, leading to the legitimacy of the hospital.
1.4 reasons for the tension between doctors and patients. Many patients have a little knowledge of medical knowledge, but they have a strong sense of * * *. On the one hand, I think that medicine is omnipotent. When I enter the hospital, I enter the safe, and my life and health are absolutely guaranteed. On the other hand, I think that if you spend money, you have to treat the disease. Once my condition doesn't get better or worse, I think it's a medical accident. I think neither the hospital nor the doctor can forgive me, and then I make a scene in the hospital and even beat and scold the medical staff, completely forgetting a lot of work that doctors and nurses have done before.
1.5 medical reasons for the tension between doctors and patients. For a long time, doctors have invested heavily in this profession, with great responsibilities, high risks and low income. In the past, doctors guarded people's lives and health day and night without regrets. Under the condition of market economy, people generally have the concept of money first, which will inevitably affect the value orientation of medical staff and produce psychological imbalance. At this time, pharmaceutical production enterprises have timely played a role in fueling the pursuit of high income for medical staff. Coupled with less and less financial transfer payments, hospitals have to follow the laws of market economy in order to survive and develop. Because of the conflict of economic interests, the relationship between doctors and patients is tense.
2 How to build a harmonious doctor-patient relationship
Between doctors and patients, peace will benefit both, and injury will lose both. Correctly solve the current tense doctor-patient relationship, maintain the normal order of the medical service market and the interests of both doctors and patients, and build a harmonious doctor. & gt
Question 6: How to prevent and deal with medical disputes between doctors and patients is one of the hot issues in society at present. If it is not handled properly, it will easily affect the stability of social relations and adversely affect medical institutions (1, affecting the image of medical institutions; 2, affecting the business order; 3, affect the enterprise management function; 4. Increase the financial burden of the hospital; 5, leading to defensive medical behavior; 6. Disturbing the doctor-patient relationship). Therefore, how to better regulate medical behavior, prevent disputes between doctors and patients, and establish a harmonious relationship between doctors and patients will not only protect the legitimate rights and interests of patients, but also benefit the healthy development of medical undertakings. Based on the judicial practice experience in recent years, we have summarized the following points, which are definitely not comprehensive enough for reference only.
(1) Prevention: Generally speaking, doctors should do a good job in the following five aspects: 1, strengthen safety awareness, risk awareness and prevention awareness; 2. Improve the technical level and professional quality of medical staff; 3, improve the technical specifications and work system, and seriously implement; 4. Establish a scientific quality management system and strengthen quality control; 5. Strictly abide by laws, administrative regulations, rules and other relevant medical norms.
I hope my explanation can help you! That's all I know. It is not easy to answer this question. If you are satisfied, please adopt it. Thank you for your encouragement. If you don't understand, you can go to the legal through train to find a professional lawyer for medical malpractice.
Question 7: What should ordinary people do when a medical accident or dispute occurs? What should doctors do? Lawyer Ping Ping, a medical dispute lawyer in Henan Province, has in-depth theoretical research and rich practical experience in medical disputes, traffic accident disputes, marriage and family disputes, company and contract legal affairs, and is especially good at representing all kinds of medical disputes, successfully handling more than 0/00 medical and traffic accident disputes.
Question 8: How to resolve the contradiction between doctors and patients In recent years, medical disputes have been on the rise year by year, and the contradiction between doctors and patients has intensified, which has seriously affected the image of hospitals among the people. The increasing disputes between doctors and patients not only plague the development of hospitals, but also affect the harmony and stability of society. It is particularly important to properly and reasonably solve medical disputes and contradictions between doctors and patients.
Except for technical reasons, most medical disputes are caused by services. Therefore, we must solve it by two methods: one is to strengthen the professional ethics education of medical staff, and the other is to establish rules and regulations to regulate and restrict the service behavior of medical staff in order to control disputes caused by poor service quality. Professional ethics education is an effective way to change medical staff's service concept and enhance their service awareness. Carrying out hospital cultural construction activities, post star rating activities, top ten doctors and top ten nurses rating activities, and socialist concept of honor and disgrace education activities can greatly mobilize the enthusiasm of medical staff, continuously improve patient satisfaction and enhance the image of the hospital.
Dealing with medical disputes should be serious, calm and adhere to principles. The hospital should set up a special department to receive patients' complaints. For patients' complaints, we should find out the truth in time and distinguish the responsibilities in a serious and responsible spirit and a pragmatic attitude. For controversial professional issues, experts inside and outside the hospital can be organized to consult or consult relevant experts, and various laws and regulations can be fully utilized to form more rigorous written opinions. If the iatrogenic dispute is not covered up, the parties shall be ordered to apologize to the patients, obtain their understanding and take remedial measures in time; If the circumstances are serious and lead to certain adverse consequences, the patient will be given certain economic compensation according to the situation, and the responsible person will be punished according to the regulations of the hospital, and even the legal responsibility will be investigated. In case of disputes caused by patients' lack of medical knowledge, for example, the adverse consequences caused by normal complications and unforeseen medical accidents are mistaken for medical accidents. Staff can send hospital investigation and expert opinions to patients in written form, actively communicate with patients, patiently publicize relevant medical knowledge to patients, and strive for their understanding. In addition, the results of medical disputes should be notarized to increase the legal effect. When the two sides can't reach an agreement after many receptions, when patients insist on demanding high compensation, and when patients have been making troubles unreasonably and interfering with their normal work, they must adhere to their principles, resolutely refuse their unreasonable demands, and can't let them have any hope. After the hospital delivers the written opinions of the hospital to the patients, it shall inform the patients that they can apply for medical malpractice appraisal. If the patient pesters him not to apply for identification, the hospital should take the initiative to apply for accident identification and solve it through legal channels if necessary. In this regard, doctors should prepare all kinds of evidence and related materials, do a good job of communication with attorneys, actively cooperate with the investigation and evidence collection work of judicial organs, and prepare for responding to lawsuits.
Medical and health work is closely related to people's health and life. People often look at the achievements of economic and social development, the construction of party style and political style, management level and social fairness and harmony through medical and health services. Medical service to heal the wounded and rescue the dying, cure the sick and save people, determines the life and death of patients in a certain sense. Medical staff and patients have a common goal, which is to overcome diseases, reduce pain and ensure health and life safety. Therefore, medical staff and patients must trust, respect, understand and help each other.
Doctors should strengthen doctor-patient communication and build a harmonious doctor-patient relationship. In medical work, communication is also an art. Hippocrates, a famous Greek doctor, once said: "Doctors have two things to treat diseases, one is medicine, and the other is language." It can be seen how important doctor-patient communication is! Doctors should respect patients' right to know and choose diseases, and fully communicate with patients or their families in terms of treatment plan, operation plan, use of special drugs, special examination and special materials, and the condition of difficult and critical patients in time, so as to obtain patients' cooperation. Doctor-patient communication is an information transmission process for medical understanding and for patients' health needs. So that both doctors and patients can fully and effectively express their understanding, wishes and requirements for the activities. Here, doctor-patient communication should also include nurse-patient communication and doctor-patient communication. Good doctor-patient communication helps medical staff to adjust their own or patients' medical concepts, and also helps doctors and patients to understand each other correctly, coordinate their relations and ensure the smooth progress of medical activities. The first thing a patient should do to establish a good doctor-patient relationship is to have a correct attitude towards the disease. Birth, aging, illness and death are natural laws. No matter how advanced modern medicine is, hospitals or doctors are not 100% sure about the treatment of diseases. Patients only have a rational knowledge base ... >>