Jiangxi Province standardizes doctors and patients' dispute case to try

Jiangxi Province standardizes doctors and patients' dispute case to try
Jiangxi Province standardizes doctors and patients' dispute case to try
The reporter Zheng Ying, intern China reveal duckweeds to report: In order to standardize the administration of justice of doctors and patients' dispute case better, unify the judicial yardstick of the court of the whole province, on October 14, the higher people's court in the province issues <>. In the future, the deformity life allowance, spirit in the compensation number of the medical dispute damage and conciliate the lowest compensation number that gold will not exceed the malpractice. Conceal one's identity and go to a doctor and damage and can still act as the plaintiff to sue in recent years, doctors and patients' contradiction dispute is increasing constantly. The statistics show, in the past three years, the average appeal rate of the dispute case of doctors and patients of our province has reached 23.24%, it is nearly the triple of the appealing rate equally of all kinds of civil cases. In the past, the brief of the medical dispute was divided into the malpractice infringed and medical treatment infringed the same. Now, whether the patient infringes and sues or infringes and sues with the malpractice with the medical fault, the brief is determined as the dispute of medical compensation for damage without exception. What made the patient rest assured is, in the future, hiding the true name will go to a doctor and will be damaged, can still be regarded as the plaintiff and sued, does not influence telling right. The unit certificates of medical treatment are lent, hire out or are for others to affiliated to using, using people and medical unit may be regarded as joint defendants, bear responsibility together finally. It is more rational in the dispute case of medical compensation for damage for the compensation standards of dispute and accident to connect, " dualization " exists Compensation standard. Because the compensation standard of " medical crash handling regulations " is low, lead to the fact there is less compensation number which forms the malpractice, and does not form general medical fault of the malpractice and infringe and is applicable to " the Supreme People's Court is about the explanation of hearing several questions of case applicable law of personal compensation for damage " Compensation number is more instead. " dualization " The result that the compensation standard causes is, doctors and patients both sides each stand one's own ground in appraising classification the right to choose and applicable law. For this reason, " instruction " stipulates: In have evidence deny whom medical association make under the the intersection of composition and the intersection of malpractice and prerequisite of expert's conclusion, compensate for the deformity life allowance in the compensation number of the dispute in other medical treatment beyond the malpractice, spirit damages and conciliates the compensation number that gold should not exceed malpractices such as tertiary fifth,etc. in principle. Here " Tertiary fifth,etc. " The top that it is the malpractice is low-grade. Still put to the proof in the past by the hospital, unerring and medical negligent act and regulation without causality while damaging the results to proved the medical behavior with evidence by the hospitalling of medical organization have many complaints, think doctor can not follow patient constantly, patient have situation treated or consulted others to cooperate very much difficult to know, " the burden of proof is inverted " Regulation hospital correctly harsh very much. " instruction " insists on being put to the proof by the hospital clearly. The medical worker has very professional medical knowledge, let a patient utterly ignorant of medical science prove with evidence that there are faults in behavior of making a diagnosis, this pair of patients are unfair.


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