Regulate medical activities "Tort Liability Act" to achieve rights protection

Business Club August 16th The “Tort Liability Act” came into effect on July 1, 2010. The provisions concerning liability for medical damages, regulate medical activities, and are conducive to preventing medical disputes in accordance with the law. As ordinary people, they should understand this law. When they encounter medical disputes, they can pick up legal weapons and perform legitimate rights protection.

Hospital "over-examined" patients can sue

All along, "over-examined" medical institutions are the focus of complaints from patients. Sometimes, a single check can solve the problem, but it has done a complete inspection. Because the information of doctors and patients is seriously asymmetrical and opaque, patients can only listen to the information when they see the doctor, but it is difficult to mediate disputes. The Tort Liability Act clearly stipulates that medical institutions and their medical personnel must not violate the diagnosis and treatment norms to carry out unnecessary inspections.

Some “unnecessary examinations” are easy to identify. For example, a male patient suspected of having a tumor has been required to perform a full set of tumor markers in a major hospital, and ovarian cancer index CA125 should not be examined.

Rights Protection Tip: In the process of seeking medical treatment, it is necessary to keep the charge certificate of the relevant inspection items. If disputes arise between doctors and patients, they must be settled through lawsuits. They can apply for a special judicial appraisal agency to make an appraisal of the rationality of medical treatment. In order to safeguard their rights, patients should first master the evidence of excessive inspection and infringement and consult with the hospital to resolve the matter. If the consultation fails, they can complain to the health management agency and they can file a lawsuit.

The hospital does not provide medical records or medical records are tampered with. It can be presumed that the hospital is at fault

I often see incidents in which medical records have been tampered with in medical dispute reports. The Tort Liability Law stipulates that when a medical institution suffers a medical injury, if the medical institution conceals or refuses to provide medical records related to the dispute, and falsifies, falsifies, or destroys medical records, it is presumed that the medical institution is at fault.

Rights Protection Tip: Medical records are the key evidence that medical institutions are faulty. It is very difficult to obtain the original medical records in the medical institutions, patients or their families. In recent years, in the disputes between doctors and patients, hospitals have used their convenience in keeping medical records and refused to provide medical records or correct medical records. After the "Law on Tort Liability Act" is implemented, if a medical institution fails to provide the corresponding medical records that should be kept by the medical institution, it will bear the burden of ineffective evidence or directly presume that there is an error.

The Tort Liability Law also stipulates that medical institutions and their medical personnel shall fill in and properly keep medical records, hospital orders, medical examination reports, surgical and anesthetic records, pathological data, nursing records, medical expenses, and other medical records as required. An "etc." may imply significant meaning. According to the original regulations, medical institutions only gave the affected party a copy of the objective medical record and sealed the subjective medical record. The objective medical record is a number of checklists, such as laboratory tests, thermometers, electrocardiograms, ultrasound results, surgical records, anesthesia orders, etc.; subjective medical records refer to records written by doctors on a daily basis, and expert consultation opinions. The "Law on Tort Liability" "according to the provisions of the proper custody of the objective medical records, etc.", "Whether" including the subjective medical record also requires further judicial interpretation. If a subjective medical record is included, the affected party will get all relevant materials and have a more comprehensive understanding of the overall diagnosis and treatment. For doctors, writing medical records should be done in a serious and timely manner.

Hospitals cannot abuse "right to emergency treatment"

It is always a dilemma for doctors to ask whether they should be rescued or whether they are looking for their family members to deal with the disease. The Tort Liability Law stipulates that if an emergency case such as a life-threatening patient is rescued and no opinion from the patient or their relatives can be obtained, appropriate medical measures can be implemented immediately upon the approval of the person in charge of the medical institution or the authorized person in charge.

Rights Protection Tip: The above regulations show that in emergency situations, medical institutions can make choices that meet the interests of patients between the right to information and the right to life, and the right to significant health. With this provision, it will help avoid the recurrence of the Li Liyun incident, and it also shows that the law respects the right to life. However, patients need to bear in mind that the “right to emergency treatment” of the hospital is limited to the right to life above the patient’s right to know, or when the right to significant health is at risk, ie “life is in danger”, it is applicable and cannot be abused. In addition to this situation, the hospital does not inform patients or their families, unauthorized operation or removal of organs for patients, is also a tort, but also bear legal responsibility.

Medical victims can apply for spiritual compensation

There have been cases where medical staff caused medical disputes for compensation due to a typo on the inspection report. The patient did not have direct medical injury. However, the Tort Liability Law stipulates that if an infringement of another person’s personal rights and interests causes serious mental damage to another person, the infringed person may request compensation for mental damages.

Rights Protection Tip: In the past, many cases involved mental compensation, but our current civil laws do not provide explicit provisions for compensation for spiritual damages. The Tort Liability Act clearly stipulated the compensation for mental damages for the first time. This provision also applies to medical damages. If a patient is harmed by personal interests due to a medical accident and causes serious mental damage, he is entitled to claim compensation for mental damages. But how do you understand "serious" in "serious mental damage"? It is also necessary to make further specific provisions through judicial interpretation. Experts believe that in general, minor mental damages cannot, in principle, claim compensation for moral damages, otherwise the litigation costs are high.

Hospital leaks patient privacy infringement

Medical personnel can often come into contact with the patient's impotence. Therefore, the Tort Liability Law stipulates that if a hospital leaks the patient's privacy or exposes its medical records without the patient's consent, causing damage to the patient, it shall assume tort liability.

Rights protection tips: The patient's condition and health information is personal privacy. According to the above provisions of the Tort Liability Act, in conjunction with the Provisional Regulations on the Management of Clinical Practice in Medical Education, students and probationary graduates of medical schools shall respect the patient's right to informed consent and privacy in clinical practice of medical education. The patient's legitimate rights and interests shall not be impaired.) The patient may encounter the medical examination that may be encountered while being hospitalized by the intern, and shall first obtain the patient's consent.

And the patient has the right to ask the intern in the clinic to leave. If a medical institution conceals the situation of an intern's clinical practice, the patient has the right to refuse the inspection and has the right to report immediately to the person in charge of the medical institution or the competent health authority, requesting proper handling.

If a medical institution divulges patient privacy on its website or in a doctor’s publicly published paper and damages the interests of patients, the patient can preserve the content on the website or the content of the published paper as evidence, and protect their legal rights through legal means.

In addition, the patient's medical record records the patient's home address, identity card number, spouse, disease status, etc., all of which are private information of the patient, such as sexually transmitted diseases, illegitimate children, liver diseases and other privacy, all of them do not want to be known by others. . If a doctor leaks out this information and causes damage to the patient, he must take responsibility.

Blood transfusion infection, plate fracture, etc.

After the patient's fractured plate was accidentally broken, because there is no relevant provision, the patient and the hospital theory, the hospital said: is the responsibility of the manufacturer, you go to the manufacturers. This situation will not happen again now.

Rights Protection Tip: The Tort Liability Law stipulates that if a patient suffers from a defect in medicine, disinfectant, or medical device or enters unqualified blood, the patient may request compensation from the producer or the blood supply agency, or request a medical institution. Compensation. If a patient requests compensation from a medical institution, the medical institution has the right to claim compensation from the responsible producer or blood provider after compensation is paid. The "Tort Liability Act" stipulates that hospitals can no longer suffocate with this reason, and patients can directly report to hospitals or manufacturers. Solved the problem of mutual evasion and difficulties in patient protection.