Ding Mou and a hospital in Fan County medical dispute mediation
Synopsis of the case
Ding Mou was hospitalized in a hospital in Fan County, awaiting delivery. At the time of admission, all the indicators of Ding and the fetus were normal; in the early morning of the next day, Ding gave birth to a stillborn baby. Ding and her family can not accept this, to a hospital to put forward 200,000 yuan compensation requirements, and a hospital in the division of responsibility and compensation issues in the dispute. After repeated communication and coordination of no avail, ding's family will be put on hold in a hospital operating room, and called dozens of people gathered in a hospital, seriously disrupting the normal diagnosis and treatment order of a hospital, affecting the prevention and control work. A hospital in the call 110 police at the same time, to Fan County Medical Dispute People's Mediation Committee (hereinafter referred to as medical mediation committee) to apply for mediation.
The mediation process?
After receiving the mediation application, the Medical Mediation Commission realized the seriousness and urgency of the situation and immediately assigned a mediator to rush to the scene to mediate. After arriving at the scene, the mediator first with the public security police to stabilize and control the situation, calm the parties involved, identify themselves, and to Ding and his family to explain the nature of people's mediation and the position of the neutral third party. After obtaining the trust of Ding and his family, the mediator informed them of the serious situation faced by the prevention and control and the serious consequences of disrupting the medical order during the special period, and advised them to defend their rights rationally and legally. In the mediator and the public security police *** with efforts, the scene situation can be controlled, Ding and his family agreed to resolve the dispute through mediation.
In order not to affect the epidemic prevention and control work of a hospital and the normal diagnosis and treatment order, the mediator let the two sides of the dispute each elected three representatives to the medical mediation committee for mediation.
During the face-to-face mediation, a hospital representative argued that a hospital's diagnosis and treatment measures are reasonable and standardized, and that a hospital took correct emergency measures when Ding had difficulties in giving birth. The cause of the fetal death was related to Ding's contraction weakness, umbilical cord prolapse and placental abruption during labor. Out of humanitarian considerations, a hospital could provide Ding with appropriate moral consolation, but could not meet Ding's unreasonable demands. Ding and her family believe that before the birth of Ding, all the examination results are normal, fetal death is a hospital error diagnosis and treatment, a hospital should bear full responsibility. A hospital proposed autopsy and medical malpractice liability appraisal, by Ding's family opposition, the family said they firmly do not agree to autopsy.
After listening to the claims of both sides, the mediator proposed to both sides to invite medical experts to provide expert advice and division of responsibility for the accident program. After repeated communication, the mediator gradually dispelled the doubts of Ding and his family, and the two sides agreed to the mediator's proposal.
Under the supervision of both parties***, the mediator randomly selected three medical experts from the medical expert database to form an expert group and contacted them on the spot to explain the situation. In the afternoon of the same day, the medical expert group through the on-duty medical staff talk, check the monitoring, on-site access to medical records, concluded that the analysis of fetal death: in the case of Ding's all the examination indicators are normal, a hospital on the implementation of the normal delivery treatment, Ding in the delivery of contraction weakness, umbilical cord prolapse, placenta previa, fetal intrauterine distress and other circumstances, and finally led to fetal asphyxia and death. These factors were medical risks arising from Ding's physical causes, for which she should bear the main responsibility. Although this situation is usually difficult to predict in the clinical, but a hospital to the Ding a birth process is prone to accidental assessment is insufficient, emergency measures are not effective, and in the process of diagnosis and treatment and Ding in the condition of the communication is insufficient, and the fetal death of a certain cause and effect relationship, should be responsible for the consequences of the damage to the secondary responsibility.
A hospital did not object to the medical panel's opinion. Ding and his family were initially reluctant to accept the opinion of the medical expert group, insisting that a hospital should be held fully responsible. In this regard, the mediator will focus on mediation work to persuade Ding and his family, combined with the prevention and control requirements, mediators use a letter, telephone and other means, repeatedly communicate with them, focusing on the scientific nature of the expert group's opinion and the necessity of defending their rights in accordance with the law, and told Ding and his family should give up the irrational claims, even if the litigation process, the court will be based on the objective evidence to make a decision, the unreasonable claims will not be supported. The unreasonable claims will not be supported. After the mediator's repeated persuasion, Ding and his family finally recognized the opinion of the medical expert group. Under the auspices of the mediator, the two sides finally reached a consensus on the compensation program.
Results of mediation
The doctor and patient signed a mediation agreement as follows:
1. A hospital exempted Ding and his family from all costs incurred during hospitalization.
2. A hospital paid Ding 23,000 yuan.
3. Ding received compensation, the dispute is over, the two sides shall not put forward any request to the other party for any reason.
4. The doctor and the patient confirm that there is no fraud, coercion, etc. in the full consultation process.
The agreement was fulfilled on the spot.
Case Review
The doctor-patient dispute occurred in a special period, the mediator was able to quickly intervene to effectively resolve, fully reflecting the mediator's dedication to the spirit of commitment and excellent mediation skills. In the mediation process, the mediator accurately grasp the psychological changes of the parties, patiently persuade, guide the parties from the radical behavior to the correct resolution of disputes on the track, in full grasp of the facts of the dispute on the basis of the specific circumstances of the case, put forward a proper solution to the dispute, and for the case of the crux of the case to carry out mediation in accordance with the law, and gradually open up the knot of the parties to the dispute, the successful resolution of the dispute.
Reasons for Recommendation
After arriving at the scene, the medical dispute mediator quickly stabilized and controlled the situation, and introduced the dispute into out-of-hospital mediation in a timely manner, which eliminated the hidden dangers brought about by the mass gathering. When the affected party refused the medical liability appraisal, the mediator invited medical experts to provide advice and put forward a reasonable mediation program in time, prompting the two sides to reach a mediation agreement.
Expert Commentary
Hospitals are the first line of position, the occurrence of medical disputes, not only may affect the normal medical order, but also bring risk challenges to the work. Medical disputes people's mediation organization has resolved many medical disputes, not only to maintain the normal order of medical institutions, but also for the medical staff to devote themselves to patient care has contributed.