Last summer vacation, Ms. Qiu found that her daughter had frequent phone calls recently, and a boy often wandered downstairs in her house, so she found the class teacher Su to reflect. I didn't expect this to plunge my daughter into the abyss of pain.
Sue found out that she had a close relationship with a boy in her class. She repeatedly looked through her schoolbag, diary and letters to other students in the classroom and teaching and research section, and ordered the students not to talk to her. Wang Xue, a lively personality, suddenly became a "loner", and her classmates all avoided her and dared not talk to her. Wang Xue wrote in her diary: "Teacher Su often insulted me and forced me to transfer. I am afraid to think about it, and I often have nightmares at night ... "Unable to bear the pain of being completely isolated, Wang Xue left home on June 4 last year. Four days later, when Ms. Qiu received a phone call from her daughter and found her in Nanjing, she cried and asked her mother to move out of Beijing. This "storm" cast a shadow over the originally happy family-Ms. Qiu, as the deputy general manager of the company, was forced to submit her resignation report, and the elderly at home were also admitted to the hospital. Last August 1 day, Wang Xue took the class teacher and the school to court. The lawsuit request is very simple, only asking the teacher to apologize.
The court held that Su Mou, the class teacher, did have discriminatory behaviors such as looking through his schoolbag and diary in the right education management, which violated his personal dignity and caused certain damage. She should make an oral apology to Wang Xue and give him some spiritual consolation money.
Case 2: Can the private parts of patients be used as teaching "specimens"?
Jing went to the hospital for examination because she was pregnant before marriage. When the doctor examined her, he called more than 20 medical interns, taking Ah Jing as a "specimen" and explained it to her on the spot. Jing is ashamed. 200 1 10 8 A Jing brought a lawsuit to the People's Court of Shihezi City, Xinjiang, suing the First Affiliated Hospital of Shihezi Medical University in Xinjiang and the doctors involved for infringing her privacy and demanding compensation for mental damage. This case has caused controversy in the medical and legal circles all over the country.
September 65438+May, 22-year-old A Jing, who was pregnant before marriage, accompanied by her boyfriend, went to the First Affiliated Hospital of Shihezi Medical University in Xinjiang for induced abortion. Under the arrangement of Sun Mou, an obstetrician and gynecologist, A Jing got ready as required and lay on the examination bed waiting for examination. At this time, the doctor called more than 20 men and women in white coats around the bedside. Jing was very nervous and asked the doctor to let them out. The doctor said, it doesn't matter, they are all interns. The doctor told Jing to lie down, and while touching Jing's body, he introduced the names and symptoms of various parts to the intern. The examination and explanation process took about five or six minutes.
It is understood that the intern of the day was a 97-year undergraduate student at the Medical College of Shihezi University.
Afterwards, angry A Jing and her boyfriend decided to protect their legitimate rights and interests by legal means after consulting their lawyers.
This matter has caused great controversy in the medical and legal circles all over the country. The medical community believes that as a teaching practice hospital, this practice is normal, not to mention invasion of privacy, otherwise how to complete the task of cultivating medical students. Traditionally, patients are not greeted in advance. If the patient's opinion is sought, the patient will definitely disagree. Besides, hospitals have been doing this for decades, and there are no regulations and documents to stop it. Medical college and its affiliated hospitals basically agree with this view.
Wang, a lawyer of Xinjiang Tianyu Law Firm who provides legal aid to A Jing, believes that the hospital's practice has seriously violated the personal dignity and privacy of patients. People's special parts have the right not to be seen, explored or photographed by others. In principle, the doctor's examination of the patient's body does not constitute an invasion of privacy, because patients sometimes need to go to the hospital for medical treatment, receive corresponding examinations, and even consult experts many times. But the key to this matter is that people other than the attending doctor or the competent doctor watch and explain the patient's private parts, which is not allowed. The practice of medical students should also be standardized accordingly. Many senior lawyers also agree with this view.
It is understood that this is the first case in China in which a patient was sued for compensation for mental damage because he was treated as a teaching object by a hospital. Experts in the medical and legal fields believe that no matter what the verdict of this case is, it will have a far-reaching impact on the internship of medical college students in China.
Case 3: When the right to privacy meets the right to life and health.
Saved the patient's life but violated the patient's privacy. Recently, an incident occurred in a hospital in Xiamen, which triggered a dispute about "which is more important, the right to privacy or the right to life and health".
Miss Gong, 19 years old, went to the psychological clinic a week ago because of uterine bleeding. After the psychologist made a promise of "absolute confidentiality", Miss Gong revealed her heart disease: she was pregnant before marriage and took abortion drugs, which led to uterine bleeding. During the psychotherapy, Miss Gong began to appear in a coma. In order to save Miss Gong's life, the doctor broke his promise, told the truth to the obstetrician and gynecologist concerned, and asked the obstetrician and gynecologist for emergency assistance.
After the rescue, Miss Gong was out of danger, but the kindness of the psychologist was scolded by Miss Gong: the privacy that was originally unknown is now hard to hide. Parents who came to the hospital also vaguely felt their daughter's secret from her unreasonable answer. Since then, although Miss Gong's uterine bleeding has recovered day by day, her heart disease has worsened day by day. /kloc-at the age of 0/9, she always finds it difficult to look up.
Some people think that doctors should not disclose patients' privacy without their consent. Miss Gong has complained to the psychologist about the confidentiality requirements, and the psychologist has also promised "absolute confidentiality". Although the doctor disclosed the privacy to others for the sake of the patient's life, it violated the patient's own wishes and violated the right to privacy.
Many doctors believe that the right to life and health is greater than the right to privacy. Dr. Zhang from the Provincial People's Hospital believes that doctors should of course respect patients' right to privacy, but when patients are critically ill and unconscious, the first consideration is rescue, which is a doctor's professional ethics.
Lawyer Jiang Jinyin of Fujian Bamin Law Firm believes that the Law of People's Republic of China (PRC) on Medical Practitioners stipulates that doctors must protect patients' privacy. However, when the patient's right to privacy endangers public safety (according to regulations, patients have infectious diseases and doctors must report to the health and epidemic prevention station), the right to privacy must be subordinated to public safety. When there is a contradiction between the right to privacy and the right to life and health, the right to life and health should be greater than the right to privacy, that is, when a kind of injury is inevitable, the parties can choose a smaller injury to avoid a larger one.