Is the medical accident alarm useful? Usually, medical malpractice disputes are handled by health administrative departments, but this does not mean that public security organs cannot intervene in medical malpractice. Let's share with you the use of medical accident alarm.
Is the medical accident alarm useful? 1
First, is it useful to report medical disputes?
Medical disputes can be reported to the police. After the occurrence of medical disputes, it may involve the crime of medical accident or illegal medical practice. The solutions to medical disputes mainly include the following points:
1, negotiation.
Both doctors and patients negotiate on compensation and reach an agreement. Both parties can sign an agreement, which can be witnessed by a notary or lawyer and reported to the health administrative department for the record.
2. Apply to the health administrative department for handling.
The parties concerned shall submit a written application within 1 year from the date when they knew or should have known that their health was damaged.
3, to the people's court.
Medical disputes may be brought directly to the people's court without applying to the health administrative department for handling. If infringement is the cause of action, the limitation of action is 1 year, and if breach of contract is the cause of action, the limitation of action is 2 years, counting from the day when you know or should know that your rights and interests have been infringed.
Second, what are the precautions in handling medical disputes?
1. Patients should pay attention to whether the statute of limitations is exceeded when suing.
According to the second paragraph of Article 136 of the General Principles of Civil Law, if a patient requests compensation for personal injury, he should bring a lawsuit to the people's court where the hospital is located within one year from the date when he knows or should know that his rights have been infringed. After the limitation of action expires, he will lose legal protection, and the court will make a judgment not to accept or reject the prosecution.
2. The burden of proof between doctors and patients is different.
According to some provisions of the Supreme People's Court's Rules of Evidence in Civil Procedure, the distribution of burden of proof in disputes between doctors and patients is inversion of responsibility. Specifically, patients should submit relevant evidence materials such as the fact that they were treated in the hospital, the losses they suffered and the specific amount, and the hospital should bear enough evidence to prove that there is no fault or negligence in the process of providing medical services to patients. Otherwise, the hospital will be liable for the economic losses and mental damage caused to patients.
3. We should choose the most appropriate laws, regulations and targeted evidence to support our claims and protect our rights.
This is because the same doctor-patient dispute may have the problem of legal concurrence, but according to different legal provisions, its legal liability may be quite different. The key is to see which laws, regulations and specific legal provisions are more beneficial to you. Proof and cross-examination should focus on the core issues in litigation, which can get twice the result with half the effort.
Legal basis:
Article 335 of the Criminal Law stipulates that medical personnel who cause the death of patients or seriously damage their health due to serious irresponsibility shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 336 of the Criminal Law stipulates that a person who has not obtained the qualification for practicing medicine illegally practices medicine, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
Those who seriously damage the health of patients shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Is the medical accident alarm useful? 2
First, can medical accidents be reported to the police?
Although most medical disputes are handled by health administrative departments, it does not mean that public security organs have no right to intervene in medical disputes. Therefore, the public security organ can accept the report. After a medical accident, the relevant medical personnel should not only bear the administrative responsibility according to the Regulations on Handling Medical Accidents. If his behavior constitutes a crime, he should also bear criminal responsibility according to the criminal law.
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case.
If the complainant refuses to accept it, he may apply for reconsideration. This can further explain that when a medical dispute occurs, patients and their families can report it to the public security organ.
In judicial practice, public security organs, procuratorial organs or people's courts have the right to ask units and individuals who report, accuse and report to provide supplementary materials and explanations, and may also conduct necessary investigations.
Placing a case on file for investigation is a general investigation, which can carry out inquest, investigation and entrusted appraisal. No compulsory measures shall be taken except in an emergency. Therefore, after receiving the patient's report, the public security organ may entrust a medical accident appraisal institution to conduct medical accident appraisal if it deems it necessary. After discovering a medical dispute, in addition to reporting the case to the public security organ, you can also seek help from the health administrative department and the people's court.
Second, the scope and standard of medical malpractice compensation
(1) Medical expenses: calculated according to the medical expenses incurred in treating personal injuries caused by medical accidents, and paid according to the evidence, but excluding the medical expenses of the primary disease. If it is really necessary to continue treatment after closing the case, it shall be paid according to the basic medical expenses.
(2) Lost time: if the patient has a fixed income, it shall be calculated according to the fixed income reduced by the lost time, and if the income exceeds three times the average annual salary of the employees in the place where the medical accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average annual salary of employees on the ground where the medical accident occurred.
(3) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of state organs in the place where the medical accident occurred.
(4) Escort fee: If the patient needs special escort during hospitalization, it shall be calculated according to the annual average salary of employees on the ground where the medical accident occurred.
(5) Disability living allowance: according to the disability level and the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation is 30 years from the month of disability; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(6) Disability appliance fee: if it is necessary to configure compensation functional appliances due to disability, it shall be calculated according to the cost of universal appliances with the certificate of medical institutions.
(7) Funeral expenses: calculated according to the subsidy standard of funeral expenses stipulated by the place where the medical accident occurred.
(8) Living expenses of dependents: limited to those actually supported by the deceased or disabled before they lose their ability to work, and calculated according to the minimum living standard of residents in their domicile or residence. 16 years old, raised to 16 years old. Those who have reached the age of 16 but have no ability to work will be supported for 20 years; However, those over 60 years old shall not exceed 15 years old; More than 70 years of age, not more than 5 years.
(9) Transportation expenses: calculated according to the transportation expenses actually needed by patients, and paid by credentials.
(X) Accommodation fee: calculated according to the standard of accommodation allowance for general staff of state organs in the place where the medical accident occurred, and paid by credentials.
(11) Spiritual damages: calculated according to the average annual living expenses of residents in the place where the medical accident occurred. If the patient dies, the compensation period shall not exceed 6 years at the longest; Disabled, the compensation period shall not exceed 3 years. (Article 50, Chapter 5 of the Regulations on Handling Medical Accidents)
Is the medical accident alarm useful 3
I. Complaints about medical disputes
1. After the occurrence of medical disputes, medical institutions and medical personnel have the obligation to report, but under certain conditions, medical personnel may not report.
2. As patients, complaining to the department heads of medical institutions, and timely intervention by departments or full-time (part-time) staff in charge of medical service quality monitoring will help medical institutions to understand and repair the situation in time, and also avoid other secondary disputes caused by medical personnel who are directly responsible for not reporting according to the actual situation afterwards.
3. Patients can also complain directly to the health administrative department, which is helpful for the health administrative department to intervene in the first time, help the health administrative department to fix the evidence, and also help patients to mediate through the health administrative department to handle disputes as soon as possible.
At present, most local health administrative departments have specialized agencies or full-time personnel to deal with medical disputes. Complaining to the health administrative department is also conducive to retaining and preserving evidence.
Second, the necessity of reporting to the public security organs after the occurrence of medical disputes
1. The report here refers to the public security organ. After the occurrence of medical disputes, it may involve the crime of medical accident or illegal medical practice. If the patient lacks legal knowledge, if there is medical negligence or fault, it will help to find out whether there is a crime.
2. When the doctor finds that the patient may have done or has done excessive behavior, he reports the case to the public security organ, which can not only maintain the normal working order of medical institutions, but also safeguard the personal safety of medical personnel as much as possible.
Third, the solution
1, negotiation.
Both doctors and patients negotiate on compensation and reach an agreement. Both parties can sign an agreement, which can be witnessed by a notary or lawyer and reported to the health administrative department for the record.
2. Apply to the health administrative department for handling.
The parties concerned shall submit a written application within 1 year from the date when they knew or should have known that their health was damaged.
3, to the people's court.
Medical disputes may be brought directly to the people's court without applying to the health administrative department for handling. If infringement is the cause of action, the limitation of action is 1 year, and if breach of contract is the cause of action, the limitation of action is 2 years, counting from the day when you know or should know that your rights and interests have been infringed.
4. There are also mediation (negotiated settlement with the support of a third party) and arbitration (arbitration agreed by both parties).
Calling the police is the right of every citizen. It is suggested to solve it through consultation. It's okay to call the police.
According to the WeChat WeChat official account message of Luoyang Central Hospital in Henan Province, at 22: 30 on February 25th last year, the bell of Luoyang Central Hospital in Henan Province 120 rang.
After hearing the instructions, the doctor Shi and the nurse Jiang quickly handed over the work at hand, ran to the triage desk, picked up the medical list and jumped into the ambulance. In just one minute, the ambulance disappeared from sight.
Arriving at the door of a shop at the intersection of Wangcheng Avenue and Binhe Road, they walked quickly with a visiting box and an ECG box. The scene was full of alcohol, a drunk and unconscious patient was lying on the table, and another wine hostess, Wang, was emotional. When the doctor asked him about his illness, he was pushed and insulted because of drunkenness.
Doctor Shi and nurse Jiang endured harsh words and attacked themselves. They still haven't forgotten the duty of visitors to treat and transport patients lying on the operating table, but Wang has been interfering. Really helpless. Nurse Jiang quietly asked the onlookers for help and called the police. 1 10 After the police arrived, Wang was taken to the police car.
Back to the hospital, the doctor prescribed an infusion list for the drunken and unconscious patient, and the nursing staff watched closely. After the patient was properly placed, he immediately reported to the chief on duty of the hospital and cooperated with the police to make a record. Two hours later, the patient's family rushed to the hospital.
The next day, on February 26th, 65438, the Xigong Branch of Luoyang Public Security Bureau announced the result of this matter.
Legal basis:
According to Article 26 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, Wang was administratively detained for seven days for insulting medical staff and causing troubles.
No beating, no killing, just verbal abuse, and the doctor was not injured. The police actually strictly enforced the law, unequivocally and unceremoniously, and directly detained people for 7 days!
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