Construct the independent malpractice dispute and handle the investigation system

Construct the independent malpractice dispute and handle the investigation system
Construct the independent malpractice dispute and handle the investigation system
The brief introduction of details of the case of army in great numbers of hole: A doctor in Nanjing neglects one's duty and causes infant's death for November 3 of 2009, an infant 5 months old of Nanjing of Jiangsu Province is sent to the children's hospital of the city and go to a doctor by parents. The infant is made a definite diagnosis of " Organize inflammation in the eye socket honeycomb " Receive treatment in hospital. In the evening on the day that after the infant is in hospital, its parents find the child has sign that the condition worsens, find a watch doctor several times, doctors have not gone to check in time, have delayed rescuing the opportunity, the infant is in next day death. This medical dispute is exposed in the network, suffer from and then think, let the watch doctor earnestly ask him to go to check infants at that time, the doctor says " Sleep " ,Even play games on the net, delay rescuing the opportunity, cause infant death. This dispute initiates netizen and public high concern. On November 10, department of public health and Nanjing Municipal Health Bureau of Jiangsu Province hold the news briefing, show this incident investigates, the basic fact has already been clear, the hospital has problem of misjudging infant's condition critical intensity by oneself by the hospital, but there is no doctor's situation of playing games, complaining etc. on duty, suspend the doctor in charge from the duty and deal with at the same time. This investigation result and investigation procedure are suffered from the square and queries of various fields of society subsequently. Then department of public health and Nanjing Municipal Health Bureau of Jiangsu Province make up the joint investigation group participating in the expert, netizen, reporter,etc. promptly, investigate the incident further. On November 13, the investigation group announces the investigation result: "The situation of suffering from the square appeal is basically true. In this incident previous investigation, the doctor on duty cnoceals the fact, the hospital investigates the means is simple, investigate depth is not enough, the investigation result does not correspond to fact. " Because of this, doctor in charge is hung and shines and dismissed, director, secretary are corresponding disciplinary sanction. The case is analyzed: Dispute deal with investigate mechanism shouldn't lack this case, it leaves thinking of people to be heavy, lessons needing drawing are many too. But the author thinks, deal with the course and adopt and jointly investigate the method to clarify some facts in incident, in order to improve the medical crash handling mechanism, has offered an important thinking. Because the disappearance of the medical accident investigation mechanism, the malpractice dispute at present deal with a difficult crux. Take a broad view of various crash handling mechanisms in our country, the accident investigation is essential procedure links. Have not investigated, the cause and effect happening in accident has no way of knowing, prove the evidence material of the accident plot is unable to fix. Have not especially investigated that difficult among many kinds of party in the crash handling of the non- single party, make accurate asserts and is analyzedding to the fact or plot of the accident in unison, the inequitable phenomenon appears easily too in the treatment of the accident. And at present, deal with the difficult crux in malpractice dispute, it is that the understanding of accident plot is inconsistent exactly, also there are not the authoritative procedure links taking reducing the truth of the matter as purpose. Just as this case, after the dispute reveals on the net, initiate the public to pay close attention to. After the investigation by oneself of the hospital, the local responsible institution makes public the result. Because doctors and patients both sides stick to one's own version, has further initiated the public query. This shows, while handling the course in the malpractice dispute, none of just investigation mechanisms, not only make the dispute handle the difficulty to increase,but also it is apt to lead to the fact that the too drastic behavior appears in case of not relieving to suffer from the side, even violence phenomenon. Set up the independent medical accident investigation system in current medical crash handling system design, there are the investigation mechanisms of two respects. First, article 13 of " medical crash handling regulations " is sent the provision that the medical organization investigated by oneself by the thing; Second, regulations article 29, whom article 30 stipulate meet the need that the malpractice appraises, the medical associations at all levels carry on the investigation. According to the basic rule of the law, the medical organization is regarded as the party of the dispute dispute, result that investigate by oneself can only regard as behavior and opinion of one party, or before authority assert in approve by the other side, can't be regarded as and investigated and handled the basis. In this case, the administrative department notifies with the conclusion that the hospital investigates by oneself, having obviously violated the just rule of procedure with basic law, the party can't try oneself after all. This shows to a certain extent, this one investigates system design is defective. If can this kind of dispute be made sure just to carry on the investigation by the medical association? I think I have limitation too. Because on the basis of the qualification duty which the medical association bears, its investigation range is a medical behavior which is for the dispute, gathering the materials on the basis of need that determines, the personnel investigating are only limited to the medical professional personnel or coroner, what's more the investigation of the medical association is not necessarily required, the law has not made substantive arrangements to the procedure investigating. So, this one investigates the mechanism is difficult to meet the need that parties know incident information. So, in present cases, it has already been the task of top priority to set up and improve the medical accident investigation system, should set up independent malpractice dispute and investigate the system as handling traffic accident and production incident. Consider that investigates authoritativeness and the investigator's professional lines and particularity of the organization, I think I can set up special department's malpractice or executive office that investigated of medical dispute in the medical association, rely on the resources in the storehouse of technological connoisseur of malpractice of medical association, and then according to the demand for the dispute case, supplementary to engage relevant management, intermediaries or public representatives to carry on the investigation together. In organizing the investigation of the concrete case, investigate organizers should follow the focuses of the disputes of both sides, confirm that investigates the range, choose relevant professional personnel, after requesting for agreement to both parties, make up the group of inquiry. The group of inquiry should investigate the questions of doctors and patients' disputes of both sides especially, find out about whole medical course and plot in an all-round way, and fixed relevant evidence, then investigate the conclusion and offer the basis for malpractice dispute administration's dealing with or malpractice technical appraisement. Improve the medical dispute and handle the mechanism and set up independent medical accident investigation system, need to handle the system to carry on the current medical dispute completely. Should adjust the concept which treats the accident of practising medicine now first. Original to have responsibility and must pass the malpractice view that the technical appraisement of the malpractice establishes with the hospital, it is unable to accommodate independent accident investigation. Should exactly reduce the malpractice " Damage the incident in surprise " Popular accident concept,and consert with traffic accident, concept of the safety accident in production. Otherwise, the provision in the medical crash handling regulations " happens or finds the malpractice" ,The medical worker should report to person in charge of the department, the requirement which the medical organization should report to health authority, it is unable to implement completely. Because, the regulation according to this, so long as without expert's conclusion, everyone is unable to confirm the problem happened or found to be a malpractice. Secondly will set up the reporting system of the malpractice. Like After traffic accident, safety accident in production happen, unit or one? Towering to thread the intersection of �� and the intersection of tadpole and the intersection of paralysis and the intersection of �� and head vomit Qiu step on Yu of ���� Fei a malaria while being purple The lie �� of playing lets out and dies young a huge �� detailed Bian Shuo Pepper Ju �� of proud Shen's brother The north of the basketry Street poor right �� of Yun of �� fan of man shape of Bang department Da Zhyuan of foot Awake valley Does the crushed grain of � throw the joyous crack Tiao ��'s bag to hand in and draw and flee arcly? Should define the open information system of the medical accident investigation again. Investigate it is a just foundation of dealing with the dispute that information is disclosed. Each link of the medical accident investigation should go on in open cases as much as possible, should also allow the media to carry on the supervision by public opinion. Should distinguish with the technological expert's conclusion of the malpractice to some extent the medical accident investigation conclusion finally, investigate position and function of the conclusion in the malpractice administration or administration of justice deals with clearly. Should set up and investigate checking the mechanism of the conclusion even meanwhile, once find the investigator has behavior of violation of laws and rules, should let him bear corresponding responsibility, ensure parties to enjoy the law and relieve right in investigating tort. (Author's unit: Law school of Shandong Liaocheng university)


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