How to deal with medical disputes in individual clinics

First, how to deal with medical disputes in individual outpatient clinics? This kind of case is different from the traditional medical dispute in which the hospital is the defendant, and it presents "three difficulties" in the trial process. 1, it is difficult to obtain evidence. Patients in individual clinics often have no medical records, no standard fees and no bills. 2. Identification is difficult. Due to the nonstandard medical records and diagnostic procedures, sometimes the parties are unwilling to bear higher appraisal fees, which leads to difficulties in appraisal and handling cases. 3. Mediation is difficult. After the dispute, the contradiction between the two sides is sharp, especially if the patient dies or is severely disabled, mediation is quite difficult. We should focus on mediating such disputes. Such cases are often impossible to identify. After a simple judgment, the parties will not be convinced of the judgment, so mediation should be emphasized in the trial. However, according to your own specific situation, you can also take the form of litigation to solve it. Second, the cause of medical disputes in individual clinics 1, asking for exorbitant prices. They take advantage of patients' eagerness to be optimistic about the disease, mix other drugs and sell them together, increase the burden on patients and seek ill-gotten gains. 2. Expand the scope of diagnosis and treatment projects without authorization. In order to attract patients and generate profits, they claim that "there is no cure for diseases", which not only misleads patients to see a doctor, but also lays a hidden danger for possible medical accidents. 3. There are many expired drugs. When purchasing drugs, some private medical clinics often buy back some drugs that are about to be eliminated at low prices or buy fake and shoddy drugs, which seriously damages the health of patients. 4. Poor medical conditions. Individual clinics make do with medical devices at will, and some go to some big hospitals to buy all kinds of obsolete medical devices at low prices; Disinfection facilities and sanitary conditions in some clinics are extremely poor. Fifth, supervision and inspection guidance is not in place. There is a certain gap between the time, limitation and procedure for the health administrative department to handle the practice license and the doctor (nurse) registration certificate, and the phenomenon of emphasizing the certificate but neglecting the management is more prominent. Third, the criteria for judging medical disputes Medical fault is a kind of fault. There are theoretical differences between the old and new negligence theories in judging faults. The so-called old negligence theory is to compare negligence and intention, and think that negligence and intention belong to the subjective malice of the actor and should be punished. Intention is positive malice, and negligence is negative malice. There is a causal relationship between behavior and result, and the actor has the possibility of foreseeing the result. If he should have foreseen it but did not foresee it or should have paid attention to it, he should bear the responsibility for negligence. The new negligence theory holds that negligence not only refers to the psychological state that should be punished, but also judges whether the objective state of behavior is appropriate. That is, in addition to the causal relationship between behavior and result and the possibility of foresight, it is also necessary to judge whether the behavior is objectively wrong. As far as specific medical faults are concerned, whether doctors are at fault should be judged by whether doctors have fulfilled their objective duty of care, that is, whether they have taken appropriate measures to avoid the occurrence of results. Based on the rationality of the new negligence theory, it has been widely recognized. This requires that when discussing the determination of medical fault, we should first accurately understand the special judgment standard of medical behavior.