The question of the case history: The illegality in violation of rules and regulations is great and different

The question of the case history: The illegality in violation of rules and regulations is great and different
The question of the case history: The illegality in violation of rules and regulations is great and different
Staff reporter Cui Fang "While hearing the medical dispute case, most basic putting materials to the proof is the case history. But questions about the case history are the most, let people have a headache most. " A few days ago,in it is held in association and organization of Chinese hospital it is medical dispute case about case history problem seminars relevant at, the intersection of Beijing and the intersection of Haidian and what Yong said Wen, judge of district people's court, have caused the sympathetic response of judge, case administrative staff, medical person in charge of appraisal organization and relevant personnel of Ministry of Public Health of hospital present. "Have never expected that there is information asymmetry between hospital and court. This seminar reaches a common understanding at least - -A in violation of rules and regulations one might not break the law, it is might not right away legal either to be standardized. This is not very clear before me. " A hospital representative participating in the conference expresses after the meeting. The case history is revised: Standardized break the law too " in the medical dispute case, some patients think that there is trace or case history revised in altering, abridgement,etc. that record in the case history that the medical organization offers that there are flaws, thus deny the authenticity of the case history. " Professional committee managing Vice Chairman Zheng XueQian says association's medical legal system of Chinese hospital. XueQian Zheng invoke, begin new edition that carry out will it be March this year " the case history write the basic norm " article 7: "Case history write in the course appearing wrongly written charactering, should paint with double-line in the wrongly written character, clearly keep and record originally, can distinguish, and mark out and revises time and revise people and sign. Can't adopt the method of shaving, glueing, scribbling etc. to conceal or remove the original writing. The medical workers of higher authorities examine the responsibility which revises the case history that the subordinate medical worker wrote. " "Since this " norm " defines how to revise the case history, prove the case history can be revised. But while facing a charge in court, why will the hospital be often in the unfavorable, passive position? " Zheng XueQian throws and goes wrong at first. As to this, many judges participating in the conference think unanimously, while trying, what judicial personnel paid close attention to the fact even more is that case history is finally " revised " , "distort" (used after a verb to indicate the completion of an action). "If is fine specific wrongly written character, wrong character, neglecting the little flaw caused is revised to treating and curing, incline to approve the case history is as the true validity of the evidence; If the case history has causality while changing some effects to the judgement of the whole course of making a diagnosis, damaging the consequence with the patient, the court will seldom regard this part of case histories as and implement the behavioral evidence of correct medical treatment. " Judge of Xicheng District of Beijing people's court Zhao Chang has discussed one's own experience of handling a case newly. Zhao Chang further says newly: "Revise the case history, even accord with the norm, so long as have absolute influence on course of disease, treatment, the hospital will explain, put this to the proof soon. , or not, we pay close attention to revising some compared with the intersection of person who fix and norm to the course of disease, therapeutic influence even more. " Practise medicine illegally: The administrative administration of justice asserts it is not the same " sometimes, the case history is grown and writes by clinical medicine, even doctors of higher authorities approve of signature, suffer from the side to still think these people belong to ' practise medicine illegally ', do not approve of the case history. Sometimes, that wrote the case history is a receiving a training from other institute doctor through managing a doctor, suffer from the side and does not approve of the case history in view of the above either. " Zheng Xue Qian says. " the case history writes the basic norm " article 8 stipulates: "The case history should be written according to the fixed content, and is signed by the corresponding medical worker. Practising the case history that the medical worker, medical worker in probationary period wrote, the medical worker who should register through this medical organization checks, revises and signs. Receive a training the medical worker is competent at actual conditions of this professional work to write the case history after asserting according to him by the medical organization. " "Do these personnel belong to ' practise medicine illegally ' on earth? Could the case history which they wrote be regarded as ' present the hall card and support '? " Zheng XueQian asks again. The representatives from hospital think, it is unimportant for the persons who write of the case history, the more important thing is to be approved that sign by the doctor with qualification. These two kinds of situations should be totally legal and shutting the rule. "Even already getting in doctor's qualification card and probationary period not obtaining practising certificate, the medical worker makes a diagnosis, writes the case history independently, that is that a medical organization operates violably too, it is different that there is essence with the illegal practice of medicine. " " according to the judicial explanation of the Supreme Judicial Court that the judge of The Beijing Higher People�� s Court specially says oldly, have not only obtained or obtained doctor's qualification and engaged in the medical activity by illegal means, individual has not made " operation licence of medical organization " to run the medical organization, revoked in accordance with the law and engaged in the medical activity during doctor's practising certificate, it obtains medical treatment beyond rural the intersection of doctor and practising certificate engaged in the intersection of village and medical activity, the intersection of family and midwife implement the family deliver a child to be behavioral, can regard as and practise medicine illegally. The above-mentioned behavior that everybody discusses does not form the important document of the crime of practising medicine illegally. " Specially think oldly there is one here " The question left over from history " . "In 2004, when the Ministry of Health launched the work of attacking the special renovation of practising medicine illegally sternly, though obtaining doctor's qualification card will not register, have obtained the administrative unlawful practice that practises medicine of doctor's practising certificate and include in the row attacked severely by the operation, make the patient think by mistake so long as it was not ' two cards ' (medical practitioner's qualification card, doctor's practising certificate) Available, practise medicine illegally. Moreover, ' practise medicine illegally ' this kind of question does not belong to civilly and try the range. We do not mainly consider whether the behavior of the medical organization is the administrative violation while hearing this kind of case, and mainly see whether its medical behavior causes the medical damage to the patient, namely possess medical treatment and damage the behavioral important document. " Specially say oldly. The 54th regulation of " law of liability for tort ", patients are damaged in the activity of making a diagnosis, medical organization and medical worker have fault, are undertaken compensation responsibility by the medical organization. The representatives of hospitals think, what the patient told is medical organization, the medical organization bears the legal person and substitutes responsibility. So long as the medical organization has legal qualification that health authorities authorize that should not calculate that break the law. This statement gets the judge participating in the conference to approve. Put forward as to the patient " Practise medicine illegally " Question, participating in the conference judicial the intersection of appraisal organization and representative advise court tell patient is " whether illegality practise medicine " It is not a civil range that tries. If the patient insists on, the court can suspend hearing a case temporarily, wait for asserting the result of health authorities. Even if health authorities assert the medical organization really has administrative unlawful practices, court need also last behavior with that medical organization to unlawful practice about, damage between consequence lasting corresponding qualificationing for causality as patient, in order to define the responsibility of both sides. Tell to a patient: There are hospital's behaviors improvements " have such a case: The intersection of lying-in woman and Ms. Yao wait, produce in some hospital, to tell at the book enumerating the common obstetrical department complication (print characters) before labor hospital ,Combine one's own situation of lying-in woman, handwritten medical worker ' shoulder have difficult labour, the intersection of neonate's clavicular fracture ' and two contents, the lying-in woman signs after confirming. After suffering from the side newly Catch clavicular fracture in order to be told to the court? �� Hold in the mouth �� weld Mo all mast fresh to hit bed �� chaff value which the intersection of Chen and Fu chock moth until ��, mould of ��, wave the fir gorge umbrella first! We Q Call out by Ming fresh lead make �� the Xiaos four flat stone with ropes attached at the sides flounder Huan of outstanding talent in Ke sed on adopt to wish Qius proud �� of cigarette 1 Guo whether �� be deceived �� door frame lasted Guo ��� the Qies ' Mo �� scull to be passed on all Gua Qi ' broom Zong of Mo �� principal column of a hall presses and smoothes thatch Chen warbler Ji You cheek Zhyuan Yi hydroxy while posting Intelligent pavilion haze of Zheng �� Buddhist nunnery Reed such �! ? "We find too doctors and patients dispute on to telling bigger in this respect. Hospital tell behavior remain, improve really now, state law to the distinct even obligation. " The intersection of balance and the intersection of judicial expertise and kind suggestion Ji, money of director, the hospital should improve and manage in this respect, prevent doctors and patients' dispute. "This kind of document, if consult the critically ill notice, it is made in duplicate to try, there is doctors and patients' signature of both sides, there will be few questions. " Judge Zhao ChangXin suggests. As to this, Ministry of Public Health cures the medical management office Hu RuiRong of policy department to respond, now some hospitals have been already telling the book, anaesthesia notice respect adopted this kind of method, if the result is good, may popularize. The intersection of Ministry of Public Health and medicine in charge of the intersection of department and Fan show case history important weapon that patient safeguard the rights too while being brilliant. "Hope the hospital manages through improving, try every possible means to stop up the loophole. Hope the vast judicial circle personage participates in actively, help the school to take the law as criterion to improve and manage quality. " "Should reduce these questions, provided that the hospital offers the high-quality service, case history to write and shut the rule legally, at all yes promote doctors and patients' mutual trust. " Association's general secretary of Chinese hospital Li YueDong says.


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