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How to prevent and deal with disputes between doctors and patients?
The dispute between doctors and patients is one of the hot issues in current society. If it is not handled properly, it will easily affect the stability of social relations, and it will also have an adverse impact on medical institutions (1, affecting the image of medical institutions; 2, affecting the business order; 3, affect the enterprise management function; 4. Increase the financial burden of the hospital; 5, leading to defensive medical behavior; 6. Disturbing the doctor-patient relationship). Therefore, how to better regulate medical behavior, prevent disputes between doctors and patients, and establish a harmonious relationship between doctors and patients will not only protect the legitimate rights and interests of patients, but also benefit the healthy development of medical undertakings. Based on the judicial practice experience in recent years, we have summarized the following points, which are definitely not comprehensive enough for reference only. \x0d\ \x0d\ (1) Prevention: Generally speaking, doctors should do a good job in the following five aspects: 1, strengthen safety awareness, risk awareness and prevention awareness; 2. Improve the technical level and professional quality of medical staff; 3, improve the technical specifications and work system, and seriously implement; 4. Establish a scientific quality management system and strengthen quality control; 5. Strictly abide by laws, administrative regulations, rules and other relevant medical norms. \ x0d \ x0d \ Special attention should be paid here: \ x0d \ x0d \ 1. Patients' right to know should be remembered, and doctors (parties) have the obligation to inform. Precautions for doctors to inform: a, have comprehensive diagnosis and treatment information and inform of treatment risks; B, there is a popular language to inform; C, inform the content must be true; D, important to inform in writing. Articles 55 and 56 of the Tort Liability Law make specific provisions on doctors' obligation to inform, which should be strictly grasped. \ x0d \ x0d \ 2. Patient's consent. Patients have certain autonomy; Patients have the right to consent to surgery, special examination and treatment, and experimental clinical treatment. \ x0d \ x0d \ Three ways to deal with the right of consent: a, the patient agrees and obtains the signature of family members or relevant personnel; B, unable to obtain the consent of patients, family members or related parties to sign; C, can't agree with the above opinions, approved by the head of the hospital. \ x0d \ x0d \ 3。 The right of reputation and portrait of patients. Article 62 of the Tort Liability Law stipulates this. The hospital and its medical staff disclose the patient's "privacy" status without authorization, which may constitute a violation of the patient's reputation right; The hospital informs the patient or his family about the illness, which does not constitute an infringement of the patient's reputation right; If it is necessary to use content portraits for publicity, the patient's consent shall be obtained. \x0d\ \x0d\ 4。 Attach importance to the evidential role of medical records (medical litigation evidence). The main categories include: a, medical records; B, inspection report; C. relevant records; D, image data; E. related objects; F. Letter of consent; G. important notice records. \x0d\ \x0d\ (2) Handling: After a doctor-patient dispute occurs, the doctor should do the following work: report to the health administrative department in time; Keep on-site evidence, including medical records, physical objects, etc. In particular, the obligation to preserve the body and notify the autopsy. Autopsy is an important scientific means to judge the cause of death. When we tried several cases of medical disputes, it was because of the problems in autopsy that the medical appraisal could not be carried out and the cause of death could not be ascertained, so we had to share the responsibility according to the rules of evidence.