the main factors of the order of work, not only harmed the image of the hospital, affecting the unit's social and economic benefits, but also impede the innovation of the medical
studies and the development of medical science, jeopardizing the rights and interests of the general public, and even has been Threaten the life and safety of medical personnel
Life safety. In order to deal with medical disputes, it is necessary to strengthen the implementation of preventive measures and take the right way to deal with medical disputes, to eliminate the internal factors of medical disputes from the root. 1.Definition of Medical Dispute
Medical dispute refers to the occurrence of health care, preventive health care, medical cosmetology and other legally qualified medical enterprises or institutions,
one (or more) party believes that the other (or more) parties to the provision of health care services or the performance of legal and contractual obligations
exist negligence, resulting in the actual consequences of the damage, should be liable for breach of contract or tort liability, and should be the responsibility for the medical dispute. Should be liable for breach of contract or tort liability, but the two (or more) parties have different understanding of the disputed facts, disputes and disagreements.
. Narrowly defined medical disputes often refer to medical civil disputes, namely, medical contract disputes and medical tort disputes. Medical contract disputes refers to the parties to the medical contract of the conclusion, performance, change, termination
and the contract rights and obligations of the dispute. Medical tort dispute refers to the medical service provider and the recipient of medical behavior and its consequences of whether the infringement and infringement of responsibility.
Some people believe that: medical disputes refers to the doctor and the patient on the medical consequences of the cause of the disagreement between the two sides in the understanding of the dispute, the patient and his family think
that the medical staff diagnosis and treatment errors, and need to be held accountable or compensation. However, if it is found that there is no error in the treatment of the medical staff, but only one or the other shortcomings and errors in the service attitude, or because the family is not aware of the medical truth, or because the family has other needs, so that they will not stop, this situation is the real
meaning of medical disputes. It is also believed that patients or their families are dissatisfied with the diagnosis and treatment work, think that the patient's disability or death is caused by the medical staff diagnosis and treatment errors, and demand to pursue responsibility and compensation
compensation, and filed a complaint to the health administrative department or the judicial organs of the case, in the absence of finding out the facts of the truth, collectively referred to as medical disputes
disputes. In addition, there are people think: medical disputes refers to (occurring between doctors and patients) because the patient is dissatisfied with the medical staff or medical institutions of the medical service, and the medical side of the dispute.
In reality, a medical dispute is not only a "disagreement between doctor and patient about the consequences of medical treatment and its causes", but also other factors.
Sometimes, the disagreement is over the doctor's treatment itself, or the way in which the doctor performed the treatment. The treatment may not have had any adverse consequences, or even any consequences at all, but the patient may have found the treatment unacceptable, or may have felt that he or she had not been consulted before the treatment was carried out. The patient's lack of medical knowledge. For example, some doctors, when examining patients (especially when examining female patients)
, the patient undresses and exposes the hidden parts of the body, the doctor should set up a screen to cover, but the doctor
student did not do so, which caused the patient's dissatisfaction, which led to disputes. Therefore, it is incomplete to say that a medical dispute is "a disagreement between a doctor and a patient over the medical consequences and their causes".
In addition, the medical dispute is a kind of dispute, sometimes the content of the dispute is the "responsibility" itself, the parties demanded only to determine the responsibility, only
It is to determine the responsibility, not to pursue the responsibility. For example, some hospitals after the occurrence of medical malpractice, hoping to reconcile with the patient, more money,
Practice "private" approach, not as an accident. In order to avoid the impact on the hospital's reputation. The victims of medical malpractice, however, did not appreciate, insisted
demanded clear medical malpractice identification results, demanded "as an accident", and did not demand that the parties involved in the civil liability. Therefore, it is inaccurate to say that the medical dispute is only "the parties to demand accountability or compensation for damages".
2. Classification of medical disputes (1) medical malpractice disputes refers to disputes between doctors and patients over whether a specific medical incident constitutes an accident, should be compensated, how to compensate. (2) Other medical disputes
Including medical malpractice appraisal does not belong to the medical malpractice of medical disputes, do not apply for medical malpractice appraisal of medical disputes, the medical association does not appraise the medical disputes. 3. Causes of medical disputes
Medical disputes are disputes between doctors and patients over medical activities. Medical disputes are based on civil legal relations,
Special civil disputes in medical activities. However, this does not mean that all civil disputes between doctors and patients occurring in the course of medical activities are medical disputes.
Medical disputes must be caused by the patient's or doctor's behavior. Medical disputes must be due to the patient's medical staff or medical institutions of medical services are not satisfied with the medical
Controversy with the medical
Caused by the patient's reproach to the medical side. If the patient does not fulfill the legal obligations arising from the dispute between the medical and
patients, such as the patient does not pay the medical fees, or intentionally default on medical fees and disputes between doctors and patients, is not
belongs to the medical disputes, but a civil property disputes; similarly, due to the failure of doctors to fulfill certain obligations arising from the patient and the medical
controversies between patients and doctors
Disputes caused by the violation of the obligation of confidentiality of the patient's condition, such as the medical side of the patient's condition, causing harm to the patient, also does not belong to the medical disputes, but an ordinary civil dispute of torts.
Medical disputes are usually caused by medical error. Medical error refers to the medical staff in the diagnosis and treatment of medical activities.
These errors often lead to patient dissatisfaction or harm to the patient, resulting in medical disputes.
In addition to medical disputes caused by medical errors, sometimes there is no negligence or error in medical activities, but only due to the patient's unilateral dissatisfaction, can also cause disputes. Such disputes can be caused by patients' lack of
basic medical knowledge, lack of understanding of the correct medical treatment, the natural progression of diseases and unavoidable complications and medical accidents, or
caused by the patient's unjustified blame. On the other hand, if the patient understands the medical negligence of the doctor and does not pursue the case, there will be no medical dispute.
4. The solution and prevention of medical disputes Misunderstandings of medical disputes One of the misunderstandings: medical disputes are the same as medical malpractice
Medical malpractice refers to the work of diagnosis and treatment, due to the diagnosis and treatment of the medical staff negligence, which directly caused the patient's death, disability, tissue and organ damage leading to functional disorders. The medical dispute usually refers to the doctor and the patient on the results of treatment and care and its
cause of the identification of differences, the parties concerned to pursue responsibility or financial compensation, must be administrative or legal mediation, adjudication can be concluded events. Misconception No. 2: the patient into the hospital is equal to enter the "safe"
The new technology, new equipment and new therapies have led to the emergence of medical disputes, people enjoy modern civilization at the same time
While, but also increased the risk of damage. The best doctors can not cure all diseases, the patient into the hospital is not the same as into the "insurance box". Misunderstanding of the third: economic compensation is equal to economic compensation
In many medical disputes, some have constituted medical malpractice, in accordance with the State Council's "Measures for the Treatment of Medical Accidents" and the implementation of the rules formulated by the local provisions of the identification of medical malpractice to give a one-time economic compensation.
Medical disputes can be resolved in a variety of ways, by the administrative authorities, by the judiciary, or by negotiation between the two sides or by a third party mediation,
Laws and regulations do not require that medical disputes must be "subject to an administrative or legal decision". Medical disputes should be prevented. Strictly grasp the medical management, improve medical quality
Adhering to the implementation of medical quality management target responsibility management. Every year, the hospital and each department signed a medical quality management responsibility, monthly inspection and assessment, where a medical dispute occurs, according to its responsibility
size, divided into directly responsible person, indirectly responsible person and the management of the person responsible for the internal economic recovery. Strictly grasp the implementation of rules and regulations, the establishment of long-term preventive mechanism of medical disputes
that is, with the "three strict" to standardize the management of medical quality, a strict formulation of the system. For each link of medical quality management, especially the key links that are prone to medical safety hazards,
Examine the medical safety hazards one by one, and implement them one by one to rectify them; the second is a strict assessment system. By the Medical Department, Nursing Department, and other functional
Sections of the quality control team composed of personnel in each department to carry out inspections and assessments; Third, the results of the assessment, strictly in accordance with the system to cash, and will not be tolerated
on. At the same time, often organize medical staff to the unit of medical disputes that have occurred in the analysis and discussion, to identify the subjective and objective reasons, and from
summarize the lessons learned with the universality of the relevant system of targeted modification and improvement, the formation of a long-term effective medical
quality management of preventive systems to ensure that in the quality of medical management and the handling of medical disputes to do so in accordance with the rules and regulations.
Strengthening communication between doctors and patients and their families is an important part of ensuring medical quality and reducing medical disputes. Good communication between doctors and patients can not only
increase patients' understanding of the limitations of medical technology and high risk, deepen their trust in doctors, but also channel patients' psychosocial
problems and promote the return of disease. How to do effective communication and information, health care personnel to strengthen people-oriented, quality service purposes
education, starting from the patient's needs, proactive and patient service, through the convening of patient forums, satisfaction surveys and other forms of timely listening to the views of patients, understanding of the patient's needs, improve the work, and safeguard the patient's rights. Respect for the patient's right to informed consent. The establishment of a system of informed consent with patients and their families, that is, when admitted to the hospital to do a good job of publicity and education;
To inform the family of the special characteristics of psychiatric wards and medication problems, the patient's physical illness and the adverse consequences of critical, serious and acute illnesses that will occur, standardize the content of the conversation signed to improve the condition of the informed
Consent, and at the same time, educate the medical staff to eliminate the "doctor-oriented", "the patient is the most important". The medical staff to quit the "doctor-oriented" ideology, adhere to the "patient-centered", conscientiously fulfill the obligation to report, to improve the doctor-patient relationship, reduce doctor-patient disputes to provide a strong guarantee.
Improving the service environment, the construction of indoor and outdoor environment, so that patients can easily access the hospital, to carry out patient health education, rehabilitation training to create a "rich and colorful
Colorful recreation, sports and health" activities. Each department according to their own characteristics, to provide convenient measures to meet the different needs of patients, prevention-oriented, effectively reducing the occurrence of medical disputes.