Monday, August 13, 2012

Nanchang of Jiangxi legislates for the medical dispute " medicine makes a noise " By public security men's punishment

Nanchang of Jiangxi legislates for the medical dispute " medicine makes a noise " By public security men's punishment
Nanchang of Jiangxi legislates for the medical dispute " medicine makes a noise " By public security men's punishment
What if meeting the medical dispute? Submit to the lawsuit, with high costs; Look for the hospital to make a noise directly, illegal. Yesterday, reporters mediated from the medical dispute of area of Nanchang to learn at the mobilization meeting of the job, our city will adopt the third party to get involved in the method of handling medical dispute, will establish the medical dispute people's mediation committee, employ the mediators of people selectively to mediate doctors and patients' dispute justly independently. The reporter knows, the government of Nanchang has also issued " the medical dispute of Nanchang is prevented with the treating method " (municipal government to make No. 144) ,Have carried on the clear norm to the prevention, treatment, mediating the work of the medical dispute of our city. The reporter knows, this " method " would be implemented formally on December 26, 2011, this indicates too the medical dispute people in our city mediate the mechanism to set up formally. Prevent from hospital take, set up, suffer from and then receive field " the method " propose, the medical organization should set up and amplify the medical quality controlling and evaluation system, doctors and patients both sides link up relevant medical disputes such as system, safe responsibility system, medical worker's medical responsibility claim system to prevent and handle the system. The medical organization should set up and suffer from and then receive the place, allocate a professional, accept the consultation and appeal of patient or its close relative. Meanwhile, the medical organization should make the medical dispute and meet an urgent need and handle the prediction scheme, and submit to hygiene responsible institution and public security organ in the site for record. Can't hide, distort, forge the case history Have standardized doctors and patients' behaviors of both sides by " method ". In medical organization and medical worker move about in medical treatment, should observe the health care and manage the laws and regulations, rule and make a diagnosis to attend to the norm, routine. Observe the professional ethics, care about, cherish, respect the patient, protect the patient's personal secrets. Should explain condition and medical measure to the patient in medical treatment moves about, need to implement surgery, checks specially, special treatment, situation of should explain the medical risk, substitute the medical scheme to the patient in time ing etc., and obtain its written consent; Should not be explained to the patient, should prove to the patient's close relative, and obtain its written consent. Because rescue emergency such as the critically ill patient, can't make patient or his close relative's opinion's, with the approval of person in charge of medical organization or its person in charge that authorizes, can implement the corresponding medical measure immediately. Write the case history materials according to the regulation, can't hide, distort, forge or destroy the case history materials. Patient and his close relative should observe the following regulations: Observe the management system of medical organization; State the condition to the medical worker accurately, cooperate with the medical worker to check, make a diagnosis and attend to, and sign the relevant one in the know to agree to the written material as requested; Pay the hospitalization cost according to the regulation; Object to medical behavior, express the suggestions and requests in accordance with the law. The doctor does not write the case history will be fined " method " proposing, medical organization and medical worker have one of the following behaviors according to the regulation, ordered to correct by the responsible institution of the hygiene; Of a serious nature, punish the person in charge having the responsibility and the other direct persons liable in accordance with the law: Set up and amplify the medical dispute and prevent and handle the system not according to the regulation; Make the medical dispute and meet an urgent need and handle the prediction scheme not according to the regulation; Tell a patient condition, medical measure and medical risk not according to the regulation; Implement surgery, checks specially, special treatment upon consent by patient or its close relative not according to the regulation; Write case history materials not according to the regulation; After the medical dispute takes place, start to meet an urgent need to handle the prediction scheme or handle not according to the regulation; Report medical dispute to responsible institution of the hygiene not according to the regulation; Other behaviors that should be punished in accordance with the law. Handle doctors and patients' both sides of case history materials to seal up for safekeeping together and break seal and all say difference in profession makes one feel worlds apart. Once the medical dispute takes place, to patient with scarce medical knowledge, the most favorable evidence is the case history materials. But in the course of collecting the case history, are afraid that will receive the obstruction of the hospital. As to this, the method proposes, after the medical dispute took place, the medical organization should organize experts to hold a consultation or discuss on the medical behavior of the dispute, and tell patient or its close relative the opinion held a consultation or discussed. Meanwhile, seal to on-the-spot material object and relevant case history materials up for safekeeping and break seal with patient or its close relative together. After the medical dispute took place in medical dispute treating method and procedure which the hospital should inform, the medical organization should handle in advance according to the regulation. There are patients in being at medical organization,it should if you can't move, peace will put immediately corpse or person it is other that it is legal that corpse place will be parked; Close relatives of the dead object to cause of the death or doctors and patients both sides can not confirm cause of the death, examine the corpse according to the regulation after close relatives of the dead agree and sign. Tell method and procedure that patient or its close relative handles about the medical dispute, answer the consultation and doubt of patient or its close relative, lead patient or its close relative to solve the dispute in accordance with the law, doctors and patients both sides agree to resolve medical dispute through consultation, should tell patient or its close relative is elected and does not exceed 3 representatives participate in and consult. Ones that have participated in medical liability insurance, give cover for the organization to offer the relevant situations of the medical dispute to the medical liability insurance accurately. Handle medical dispute, need, start, meet an urgent need, handle prediction scheme, take the corresponding measure according to the regulation of prediction scheme. Can't handle to compensate for and go beyond 20,000 yuan hospital through consultation by oneself After the medical dispute takes place, doctors and patients both sides should resolve through consultation, the ones that can not resolve through consultation should apply " medicine suits well and knows " Mediate or is chosen other legal means. Meanwhile, " method " stipulates, more than 20,000 yuan of amount of compensation, the public medical organization can't handle through consultation by oneself. " medicine makes a noise " The public security organ punishes " method " to propose in accordance with the law to do mischief, patient, close relative and other relevant personnel have one of the following situations, the medical organization should report to local public security organ immediately, and report to responsible institution of the hygiene according to the regulation in time. Including: Assemble a crowd and occupy making a diagnosis, office premises of the medical organization; One that is in medical organization make a diagnosis and office premises draw scroll, set up mourning hall, cook paper money, wave wreath, distribute leaflets, put up big-character poster, enclose, stop up, seek medical advice in the passway normally; It refuse move peace and put corpse or person it is other that it is legal that corpse place will be parked, be coerced to at public place of medical organization park corpse corpse, hinder the related departments from dealing with according to the regulation; Grab the case history materials and card thing correlated to medical dispute; Insult, threaten, threaten, besiege, hit a medical worker, or limit medical worker's freedom of person illegally; Medical matters materials of damage, medical equipment and other medical facilities; Other behavior that upsets normal medical order. Ones that violate the regulation, are punished in accordance with the law by the public security organ; If the case constitutes a crime, criminal responsibilities shall be affixed in accordance with the law. " medicine makes a noise " in the experience Police strength will rush towards the scene Draw banners, Set up the mourning hall, stick to the slogans Medicine make a noise, let hospital have a headache, let some people afford to understand too . As to this, " method " proposes, after the public security organ receives the alarm of the medical organization, should organize police strength to rush towards the scene immediately; Dredge education, try to persuade it through " medicine suits well and knows " Legal means of mediating etc. is solved, safeguard the normal medical order; Ones that refuse to obey advising, should take the compulsory measure in accordance with the law according to the on-the-spot situation, prevent the too drastic behavior, resume the normal medical order. Mediation Have " medicine suits well and knows " Mediate the medical dispute " method " to propose, city, county set up medical dispute people's mediation committee (hereafter referred to as " medicine suits well and knows " )The people of medical dispute mediate the work to responsible for this administrative division. " medicine suits well and knows " Job funds and the people mediator's subsidy expenses are by this grade of financial guarantee. " medicine suits well and knows " It doesn't collect any expenses to mediate the medical dispute, consult free, accept free, mediate free. " medicine suits well and knows " People mediator from " Medicine suits well and knows " Committee member's sum " Medicine suits well and knows " The personnel engaged are served as. " medicine suits well and knows " Should set up and announce the registers of mediators of people. The people mediators should be fair and upright, conduct is good, medical treatment or legal professional knowledge and the people mediate working experience, and enthusiastic people mediate the work. It is reported, " medicine suits well and knows " Belong to the people to mediate and organize, it is the third party except medical organization and health authority of the independence that mediates the platform, not under the jurisdiction of with doctors and patients both parties and the stake, will engage the deputy to the National People's Congress, member of the CPPCC National Committee to carry on whole supervision in mediating the job for the special supervisor. In addition, set up medical consultation and legal advice mechanism and offer reference for the fact that the people mediates, offer the free one to party " Expert's storehouse " . 5 kinds of situations " Medicine suits well and knows " Refuse to accept " medicine suits well and knows " Mediate and apply to the medical dispute that doctors and patients both sides put forward, is qualified to accept, should accept within 3 workdays; Ones that are not qualified to accept, request in writing to the party and give reasons. Mediate and apply to have one of the following situations in medical dispute, " medicine suits well and knows " Refuse to accept; Have already accepted, stop mediating: One party refuses " Medicine suits well and knows " Mediate; One party has already brought a suit before people's court; One party has already applied for what the dispute administration of the malpractice deals with to the responsible institution of the hygiene; Dispute that the illegal practice of medicine causes; Both parties chose other legal means to solve. Stop the ones that mediate, should request in writing to both parties and give reasons. The party can choose the mediators of people " medicine suits well and knows " After the application of accepting the medical dispute and mediating, can appoint 1 to 5 mediators of people to mediate, also can be chosen 1 to 5 mediators of people how to mediate in the registers of mediators of people by the party. " medicine suits well and knows " Should be in 7 workdays from the day of accepting the medical dispute and mediating the application, find out relevant fact and plot from both parties separately, and according to the request of party, the organization investigates, verifies, assesses. The medical dispute is mediated in the course, the people mediators need to consult the case history materials, consult or inquire to the relevant personnel, the relevant unit should cooperate with personnel. Mediating the agreement has legal engagement By " medicine suits well and knows " Mediate the medical dispute solved, should make and mediate the agreement. Mediate the agreement to is signed, stamped by both parties or puts one's fingerprint, sign and add a cover by the mediators of people " Medicine suits well and knows " Came into force from day of the seal. The mediation agreement reached in accordance with the law, have legal engagement, both parties should fulfil according to mediating the agreement. Meanwhile, " medicine suits well and knows " Should carry on supervision in mediating the degree of performance of the agreement, supervise parties to fulfil the appointed obligation of the agreement. Mediate in medical dispute 30 workdays " method " proposes, " medicine suits well and knows " Mediating the medical dispute should be mediated in 30 workdays from the day of accepting. Because the special circumstances need lengthening and mediating time limit, " medicine suits well and knows " Can agree to lengthen time limit with both parties; Ones that exceed agreeing on time limit and does not reach and mediate the agreement yet, are deemed not to mediate, should stop mediating. By " medicine suits well and knows " After mediating the agreement of reaching mediating, both parties think the necessary one, can apply for the administration of justice to confirm to the people's court commonly in 30 days from the day of mediating the agreement and coming into force. The people's court confirms mediating the agreement effectively in accordance with the law, one party refuses to fulfil or not all fulfil, the other side party can apply to enforce to the people's court. (the intersection of chief correspondent and Wu jump strong the intersection of intern and sweet-smelling money)


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