In every way, this is a tragedy.
Written by | Tian Wei
Source | "Medical Community" public account
Yesterday (25th), Dr. Zhang Yu published the notice of his dismissal by the Third Hospital of Beijing Medical University on social media, which aroused widespread concern in the medical community as soon as it was released. (For details, click "Zhang Yu, dismissed")
Some netizens advised him and suggested that he should not sign the notice issued by the hospital in order to file a labor arbitration or lawsuit in the future.
Lawyer Shen Binqian, a partner at Zhongwen Law Firm, told the "medical community" that "signing the notice only represents that Dr. Zhang Yu has received the notice, and does not mean that he agrees with the result of the dismissal." If he is not satisfied with the result, he may, within one year from the day after the date of receipt of the notice, he may apply for arbitration of personnel disputes at the labor and personnel dispute arbitration commission at the place where the hospital is registered or where the personnel contract is performed."
"He can request the Labor and Personnel Dispute Arbitration Commission to revoke the notice of termination and restore the personnel relationship, or he can ask the unit to find that the notice of termination is illegal and request the unit to pay compensation for the illegal termination," Shen Binqian said, "but whether his request can be supported or not, it must be confirmed by the arbitration commission or the court through effective legal documents based on the facts ascertained." ”
Zhang Yu's public notice of dismissal shows that the reason for the dismissal of the Third Hospital of Beijing Medical College is that he violated the provisions of the labor contract that "violate professional ethics or social morality and cause a negative impact on the reputation of the school".
In this regard, Shen Binqian said that the "Regulations on the Administration of Personnel of Public Institutions" does stipulate that if the staff of public institutions have serious violations of professional ethics and social morality, the unit can give dismissal sanctions, "If the hospital can produce evidence to prove that the facts stated in the notice of termination are facts, then the dismissal of the hospital is legal." If the hospital is unable to produce evidence to prove it, the dismissal is illegal. The final conclusion still depends on the determination of the Labor Arbitration Commission."
She also mentioned that the Code of Ethics for Chinese Physicians requires the professional ethics of doctors, and the professional ethics that Zhang Yu may be suspected of violating include "doctors should respect each other, trust and support each other", "fairly and objectively evaluate the character and ability of fellow physicians", "doctors should not denigrate each other, let alone hinder the trust of patients in other peers by improper methods".
What do fellow doctors think?
In any case, Zhang Yu's dismissal caused a shock within the doctor community, and many bloggers who were certified as doctors on Weibo publicly commented on the matter.
"Emergency Sunflower Aifen," who is certified by Weibo as the director of the emergency department of Wuhan Central Hospital, commented: "Hold on. God closes one window for you and opens another door. ”
"Blueberry Doctor" from the First Affiliated Hospital of Nanchang University said in the Weibo certification, "Although the expulsion is a bit excessive, it is also one of the ways to prevent endless entanglement."
The "lollipop doctor" certified by Weibo as the "deputy chief physician of the Department of Hematology and Rheumatology of Huangshi Central Hospital" believes that "Zhang Yu's result is indeed quite regrettable." I thought about it for a while, I can't blame Lu Wei, I can't blame Ah Bao, and of course I can't blame me. I think it is due to his personality, he is too stubborn, admits to death, and never feels that he has something wrong" "I hope that Zhang Yu will think about the pain and first thoroughly reflect on his personality."
8 months later from supporting Zhang Yu to opposing Zhang Yu, the "Chengdu Sewer" certified as a "urology practitioner" on Weibo said that after becoming popular, Zhang Yu began to blame the entire Chinese tumor treatment system for no reason, the problem is that the vast majority of tumor treatment is standardized, and its actions are essentially further worsening the precarious doctor-patient relationship; lack of true understanding of the condition of tumor patients, only one-sided words, on social media to incite the emotions of netizens, behavior is not advisable.
But he also said he could understand Zhang Yu's grief, "even thinking that the hospital handled Zhang Yu too harshly", while wishing Zhang Yu "better opportunities always come".
There are also some doctors who think about some things outside the incident through the dismissal of Zhang Yu. The director of the department of a third-class hospital in Shanghai told the "medical community" that he believes that Zhang Yu "has a very high self-esteem, speaks too absolutely, and knows that from a scientific point of view, medicine itself is very complicated", but "there is his kind side".
At the same time, he mentioned the concern about the current network public opinion environment, "the hostility is too heavy, sometimes it is obviously a scientific discussion, but it will be considered to suppress and belittle the opponent (peer), and the society should be inclusive and pluralistic in order to reciprocate."
"It's a tragedy, a mixture of causes that lead to tragedies — personal tragedies and tragedies in medicine." He said.
Source: Medical community
Editor-in-charge: Tian Wei
Proofreader: Zang Hengjia
Plate making: Xue Jiao