On April 7, 2009, Ms. Xia, who lives in Zhongbei Road, Wuchang, went to a hospital in Wuchang for abdominal pain. After being diagnosed with appendicitis, she underwent appendectomy. Postoperative abdominal pain was diagnosed as intestinal obstruction. 10 days later, it was diagnosed as intestinal perforation by surgical exploration. Unfortunately, he died on the 28th of that month.
? Appendicitis is not an incurable disease. A 35-year-old man left, leaving a 9-year-old son. ? The grieving family can't accept this fact. They thought it was the hospital's misdiagnosis that delayed them, so they asked the hospital for advice. At that time, the hospital suggested that an autopsy should be done first to clarify the cause of death before the responsibility could be divided.
After the incident, Ms. Xia's family has conducted more than 20 rounds of consultations with the hospital. The hospital believes that it does not constitute a medical accident, but is willing to compensate her family from a humanitarian point of view. However, Ms. Xia's family thought that the gap was too big, disagreed and decided to go to court.
Typical medical dispute cases missed the best opportunity for autopsy. Medical malpractice is difficult to identify.
At that time, lawyer Li took over the case as a legal aid. ? This case has really experienced many difficulties. ? Lawyer Li just said with emotion.
Legal proceedings must rely on evidence. However, lawyer Li found that Ms. Xia's son's name was written in the name of the school, and it was difficult to submit the relevant materials of real name, so it was difficult to take the first step of safeguarding rights; The autopsy within one week after Ms. Xia's death was the best time to judge the cause of death, and it was also missed.
The following year, lawyer Li accompanied his family to the community police office, police station and health administrative departments at all levels, only to solve the difficulty of safeguarding rights caused by not filling in his real name when seeking medical treatment.
There is another problem, because the autopsy time was missed, the medical accident appraisal could not be carried out. Ms. Xia's husband, Mr. Han, later admitted that he didn't realize the importance of autopsy at that time. He thought that there was no one left, and he had to make another incision. His heart was very uncomfortable, which led to missing the best opportunity for autopsy.
It's been four years since it was delayed to 20 13, and I've been in various related departments for more than 50 times. We can't file a case yet, and our families are exhausted. Ms. Xia's body has been in the hospital morgue for four years.
Medical adjustment has been involved in disputes for many years.
In March last year, the health administrative department sent a text message to Mr. Han, his family member, telling him that he could find Wuchang District Medical Commission to mediate the dispute for free. Mr. Han, who was disheartened, ignored it. It was not until July 24 that I contacted the Wuchang District Medical Commission. Director Peng and Deputy Director Yang of the Medical Commission accepted this arduous task.
Deputy Director Yang introduced yesterday that after other efforts failed, they had only one way: to directly coordinate both doctors and patients.
They advised Mr. Han that the deceased could not be buried for five years, and it would be uncomfortable for outsiders to think about it, let alone their loved ones. Turn this page, life can't be stuck here. They also went to the hospital to try to negotiate the amount of compensation with the patient's family and solve it as soon as possible.
At the beginning of this year, Mr. Han initially agreed to the compensation amount of the hospital, but Ms. Xia's parents disagreed. The medical commission is not afraid of difficulties and helps family members analyze the reasonable compensation amount from a legal point of view. Director Peng said,? You must drink a bottle of mineral water after each mediation? .
Until the beginning of April, both doctors and patients finally reached an agreement. The hospital compensated the relatives of the deceased for 300,000 yuan, and there was no charge for the preservation of the remains.
On April 12, Ms. Xia's body was buried.
Handling of disputes between doctors and patients 1. Medical negligence dispute. That is to say, disputes caused by the negligence of medical staff in diagnosis and treatment or nursing work. It can be divided into medical accidents and non-medical accidents. Medical malpractice is a title in administrative regulations and needs to be appraised by medical association. Misdiagnosis will definitely constitute a medical accident. If it is not recognized as a medical accident, it can be solved on the grounds of medical personal injury.
2. Non-medical negligence disputes. It refers to the dispute caused by the personal injury of patients caused by other faults of the hospital, although the medical staff has no fault in diagnosis, treatment and nursing. For example, when a patient goes to the hospital, the cleaning staff fails to fulfill the corresponding warning obligations, causing the patient to fall down and so on. This is a general personal injury compensation case.
The vitality of mediation lies in the mediation and reconciliation of the third party, and the impartiality and neutrality of the mediator are very important, which determines whether the dispute mediation is smooth or not. Only by breaking away from the fetters of doctor-patient relationship and economic interests can we truly realize the fairness and justice of mediator's attitude. In addition to the mediation by health administrative organs, the development of civil organization mediation can expand the scope of mediation organizations selected by the parties to medical disputes and help to solve medical disputes fairly and reasonably.
At present, the non-litigation solution of medical disputes has gradually attracted people's attention and favor because of its special value and advantages in the dispute settlement process, and has been widely popularized today. Non-litigation settlement of medical disputes has its unique importance and advantages;
1. can give full play to the effective role of experts as neutral mediators in dispute settlement.
2. Resolving disputes through consultation rather than confrontation is conducive to maintaining social stability and building a harmonious doctor-patient relationship.
3. Let both doctors and patients have more opportunities and possibilities to participate in dispute resolution.
4. It is beneficial to keep the patient's personal privacy and secret.
5. When dealing with new technical and social problems, it can provide flexible dispute resolution procedures that adapt to social and technological development and changes in the case of relatively lagging legal norms.
6. Allow the parties to resolve disputes flexibly and quickly according to the principles of autonomy and self-discipline.
7. Through rational negotiation and compromise, a win-win result may be achieved.