Jiangxi Supreme Court standardizes doctors and patients' dispute and tries and issues the instruction

Jiangxi Supreme Court standardizes doctors and patients' dispute and tries and issues the instruction
Jiangxi Supreme Court standardizes doctors and patients' dispute and tries and issues the instruction
News of Nanchang of October 14 of news network of Jiangxi of China (reporter Qiu HuiQiang's report) Doctors and patients contradictory and sharp in recent years and the intersection of doctors and patients and the intersection of dispute and quantity aggravate, rise, relationship between doctors and patients become fact that society can't avoid while being tense. To this current situation, recently, the higher people's court of Jiangxi Province issues <>(hereafter referred to as " instruction ") ,From this day, issued to the court of the whole province and carried out. Text of " instruction " has reflected several great unique contents of the dispute case of medical compensation for damage, assign brief, party, burden of proof, medical treatment appraising, five parts of compensation responsibility, amounts to 48, add the attachment " number computing technology of compensation for damage of malpractice " to make up. At the news briefing that is held on the 14th, the people of Jiangxi Province higher people's court one RenSheng Chen, presiding judge of front yard, make a reservation, make principle and basic content, make, prove to the intersection of " the instruction " and background, goal that issue, he says, the issue of " instruction " has offered one for the court of the whole province to unify applicable judgement yardstick in order to hear doctors and patients' dispute case, will further standardize the trial of doctors and patients' dispute. Brief: Determine as the dispute of medical compensation for damage without exception Part one Content on reflecting the new " brief regulation of the civil case " in regulation of the brief. The old " brief regulation of the civil case " distinguishes the malpractice and infringes and infringes with general medical treatment, and according to the new " brief regulation of the civil case ", 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. Party: Hide the true name and go to a doctor and is damaged and can still be regarded as the plaintiff and resort to legal proceedings Part two The provision on party, mainly stipulate who can sue as the plaintiff of dispute case of medical compensation for damage, who it is all right to prosecute. The patient hides the true name and goes to a doctor and is damaged, can still be regarded as the plaintiff and sued; The certificates of medical organization 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. The burden of proof: Need the hospital to prove the medical behavior is unerring with evidence Part three The provision on burden of proof, mainly reflect " the Supreme People's Court inverts about several regulation " fixed " burden of proof of the civil Evidence in Litigation " . Chen RenSheng introduces, to prove hospital with evidence medical the intersection of behavior and unerring and medical negligent act and damage between the result having regulation of causality make some complaints medical organization, but we can only carry out strictly. And we think " The burden of proof is inverted " The ones that are not complained about by the medical organization have no rationality like that. The medical worker has very professional medical knowledge, this is what a common patient does not possess, 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. " the burden of proof is inverted " Try the experience that practice summarizes out, accord with the law of the lawsuit, has reflected the procedure justice of the essence. Medical treatment is appraised: In principle should pass malpractice qualification, come, judge, form the intersection of malpractice and benevolence Chen, born, say, Part four The provision that medical treatment is appraised, amount to 16 strings, has accounted for 1/3 of the whole " instruction ", this is its importance, embodiment of complexity too. Need to prove, deputy to the National People's Congress of provinces proposes appraising " dual track system " about medical treatment Merger propose question when it is legislative since it is should in this, be lasted functions and powers category of people's court. Therefore, it is been at this in we for part can clearly mainly at systems of determining existing to malpractice determining and coordination appraising at faults medical. Whether the medical behavior forms the malpractice, will cause applicable different compensation standards directly, therefore should pass malpractice qualification to judge whether to form the malpractice in principle. " the instruction " define judge should exercise, clear up bright right to hospital, tell their may apply, trust medical association go on the malpractice determine. The hospital demands to do the accident to appraise, and suffer from and then demand to do the fault to appraise, according to the spirit of " notice which hear the medical dispute civil case of about consulting of the Supreme People's Court ", the accident determines that takes precedence over the fault to appraise. There must be fault to form the malpractice, therefore the malpractice determines that asserts that forms the malpractice, suffer from, demand, do again whom fault determine, refuse to permit; General fault may do not form the malpractice too, therefore the malpractice determines that asserts that does not form the malpractice, suffer from and then demand, do again whom fault determine, can be permitted; The hospital gives up the malpractice to determine that applies, suffer from and then apply to make medical fault and appraise and have expert's conclusions, the ones that demanded to do the malpractice and appraised again in the hospital generally refuse to permit. Compensation responsibility: Compensate for the dispute and compensate for the compensation number that should not exceed malpractices such as tertiary fifth,etc. in principle in other medical treatment beyond the malpractice Part five About " compensation responsibility " Regulation,amount to 17 string,have the largest space, important content most. Chen RenSheng says, requirement for " notice which hear the medical dispute civil case of about consulting of the Supreme People's Court " that " instruction " is carried out firmly, " medical crash handling regulations " of reference which form the malpractice confirm the compensation standard; Not forming the malpractice, but the hospital really has fault and medical negligent act with really there is causality while damaging the results, should be covered by " general rule of the civil law " and " explanation on hearing several questions of case applicable law of personal compensation for damage of the Supreme People's Court ". Certainly, with the bright and light principle according to the weight lifting, the third paragraph of article 35 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. " Malpractice most low-grade, it means, it forms responsibility of accident to be should light on responsibility to commit the accident. This is mainly for trying hard to realize two kinds of compensation are connected, relatively rational standardly and organically. Certainly, the standard incongruous problem of two kinds of compensation can not be solved by having this regulation, but this belongs to question that legislates, has gone beyond the category of functions and powers of the people's court, applicable law that we can only be in the existing legal frame.


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