The adverse effects of doctor-patient disputes on the medical industry
Health is dependent on the life of the medical profession, due to the special responsibility of medical personnel, the medical behavior has a high level of risk. In medical practice, doctor-patient disputes are inevitable, but the relevant organizations' prior knowledge of doctor-patient disputes, the means of prevention adopted beforehand, and the handling of disputes afterward will likely affect the direction of the entire dispute, which, in turn, may lead to different reversions of disputes, medical disputes, medical litigations, administrative incidents, or media focus. Below, will be brief on the possible impact of medical disputes are described separately, due to the preparation of hasty, may not be comprehensive or biased, for reference only:
I, medical disputes, legislative trends
Medical disputes and medical malpractice is not the same concept, which means that medical disputes do not necessarily lead to the obligation to pay compensation. But with the gradual improvement of the legal concept and social awareness, based on the protection of patients as a vulnerable group will gradually increase. It is clear from the recently introduced Tort Liability Law that the purpose of the current legislation reflects this trend. Therefore, medical institutions and related organizations (including equipment, drugs, and other providers) should also pay attention to this, to prevent the smallest and smallest problems before they occur.
In practice, we often find that hospitals often have a lack of understanding in dealing with medical malpractice, from the preparation of legal documents, to negotiations with the patient, the standardization of medical documents, and the defense of medical lawsuits, and this has led to many adverse consequences. Since this issue is too complex, if there is an opportunity later, we can discuss it separately.
Two, medical dispute resolution mechanism
At present, there are generally three types of domestic medical dispute resolution mechanism, one is the agreement between doctors and patients, one is the relevant institutions mediation, another is the court of mediation and litigation. Generally speaking, these three ways in the implementation of the patient will take a certain order, that is to say, and the hospital side of the negotiation and consultation is the first step, can not be reached, before the continuation of other processes. Therefore, the hospital side of the negotiation and negotiation work is critical, often affecting the entire dispute reversal.
In practice, although the law provides tilted protection for the patient, but because the legal judgment, to a large extent, depends on the medical appraisal (made by the local medical association) and forensic appraisal (made by the forensic appraisal organization), which are inextricably linked with the medical institutions, so the patient's victory is not an easy task. On the surface, this point is a protection for medical institutions, in fact, due to the fairness of the application of the law can not be fully reflected in medical disputes, thus, leading to the complexity and diversity of the treatment of disputes between doctors and patients, the extensive use of non-legal means, has seriously interfered with the normal operation of medical institutions. From the "medical incident in Nanping, Fujian", we can y appreciate how a medical dispute evolves from a dispute to an incident, purely from the perspective of social impact, the medical institution may be the biggest loser.
Therefore, the premise of dealing with medical disputes should not be to win financially, but how to put the case to rest. This point is recognized in exchanges and communications with managers and doctors of some larger hospitals. Of course, due to the psychological expectations of the patient and the actual medical fault and other important factors, dealing with similar situations, is by no means as simple as the general legal issues, but recognizing the premise and direction will help to prevent the expansion of the situation and better dispute resolution.
Three, the impact of medical disputes
1, economic
After the occurrence of medical disputes, the patient's most important claim is the economic compensation. According to China's relevant laws, with the obligation to compensate for both the medical institutions, may also be the supplier of equipment and drugs. In fact, the latter is more complex, the scope of influence will be larger, more risky to face a dispute may evolve into an event of reversion. However, for medical institutions and suppliers, it is also more complicated to deal with, and the slightest mishap can turn an independent medical incident into a group lawsuit, which may be doomed for the enterprise. Therefore, when dealing with similar situations, we must take the settlement of lawsuits as the main goal (of course, saying this does not mean that the negotiation of concessions, there are many times, concessions not only can not achieve the purpose of the settlement of lawsuits, and may even lead to more serious consequences), and the same is to use the legal and PR means to deal with the situation cautiously.
2, administrative
When an incident of compensation obligations involving the supplier's case, often triggering administrative intervention. From the practice, at present, China's medical institutions management is not standardized enough, the management of drugs and equipment, there are many hidden dangers. For example: hospitals within hospitals, departmental contracting, implementation of scientific research projects, gray areas in devices and medicines, access to SDA, the expansion of the approved scope of application of drugs or devices in the clinic and so on. We can be fully aware of the risks of the industry from the various cases such as the "Oxymetin breast augmentation injection case", "Shuanghuanglian injection incident", "Hunan profiteering drug incident", etc. and should be taken care of beforehand. We are fully aware of the risks of industry events and should take precautions beforehand. Due to the special nature of the administrative intervention, when the incident broke out, the various organizations involved in the case will have a lack of preparation for the incident, therefore, a large number of problems may surface, and even a lot of parts of the case has nothing to do with the case, however, it is these problems, may become fatal to the last straw.
It is recommended that on a daily basis, both healthcare organizations and providers should develop certain risk avoidance strategies beforehand and comb through every possible problematic aspect in detail, going so far as to potentially reduce future risks.
3, criminal
In certain medical behavior, especially in the judicial or administrative intervention, may involve a series of criminal issues, such as the existence of defects in the gray area, due to and administrative issues similar to those not to be elaborated.
4, social opinion
After the occurrence of medical disputes, there is a strange phenomenon about dispute resolution, looking for lawyers is not as good as looking for medical problems, looking for medical problems is not as good as looking for journalists. Therefore, patients in the process of defending their rights, the expansion of the situation in many cases are due to the media's involvement. This is something that can have two main adverse effects, one is on the reputation of the organization or product; the other is that it can cause the incident to spread, which can lead to litigation, administration, and a host of other issues. Therefore, it is important for both healthcare organizations and providers to have some awareness of media preparedness, how to handle media relations appropriately in an emergency, and how to be cautious about what they say and do in front of the media.
5, the impact of the organization
When a medical dispute arises, in some specific cases, there is also a significant impact within the medical, such as the psychology of the medical staff, such as the normal operation of the organization, and so on. As for providers, medical disputes, which may be directly attributable to a new program, can lead to a risk-averse mindset among clinicians, which can likewise have a huge impact on program advancement. Therefore, it is necessary to develop a series of standardized processes, contingency plans and related training within the organization, so that the medical staff on the front line can respond in an orderly manner.
6. Impact on Collaboration Between Healthcare Organizations and Providers
After a medical dispute occurs, when the dispute involves a supplier and a product, collaboration may be impacted due to the delineation of responsibilities between the two parties, and even legal action may be taken. Therefore, it is critical to clarify the legal responsibilities of both parties. A sound agreement is not only direct evidence of the rights and obligations of both parties, but also an important safeguard for the smooth fulfillment of the agreement to quell disputes between the two parties.
The above content, only from the daily business, may not be complete and systematic, for reference.