Xiao Feng did not expect that an accident during the Spring Festival took the life of his pet "Three Three" who accompanied him for 8 years.
On the day of Chinese New Year's Eve night, the pet dog reversed its usual lively appearance and lay in the nest and did not want to move. The next morning, Xiao Feng found that its body was still a little trembling, and immediately searched a pet hospital closer to home and took it to treatment. "If you hadn't gone to that hospital, Sansan probably wouldn't have died." According to Xiao Feng, after two consecutive days of examination, the doctor could not find the cause of the disease, let alone symptomatic treatment. Watching her pet's physical condition deteriorate, she had to choose to transfer to the hospital, and after the transfer, she found that the bite glue was stuck in the esophagus. Due to the long time of stuck, the rupture of the esophagus has caused sepsis, and the rescue has not been successful. Xiao Feng turned to the first hospital, but the doctor insisted that his treatment was correct, and the two sides were deadlocked.
Xiao Feng's experience is not unique. In recent years, with the improvement of people's living standards and the enhancement of emotional needs, more and more families have begun to raise pets, and pet medical treatment, as an important part of the pet industry, has developed rapidly. At the same time, pet medical disputes are also becoming increasingly prominent: the Shanghai 12345 citizen service hotline, about 100 work orders involving pet hospitals in the past month; the black cat complaint platform, there are 785 complaints about pet hospitals; in the Little Red Book, the notes about pet hospitals are as many as 70,000. Over-treatment, misdiagnosis, opaque costs... How to regulate pet diagnosis and treatment that frequently causes disputes?
On a social platform, the number of related posts exceeded 70,000.
Whether or not the misdiagnosis of the two sides are different
In fact, the first day that Sansan's body was found to be abnormal was the day before the Chinese New Year's Eve. Xiao Feng bought a bag of dog bite glue for Sansan from the supermarket, the little guy liked it super much, and happily nibbled on the bite glue in the nest in the middle of the night, and the next morning he was a little listless. And this situation, Xiao Feng said, she had explained to the doctor when she went to the hospital for the first time. "I doubted if I got stuck in my esophagus, but the doctor ignored me and denied it."
Pet dog "three three".
Blood tests, ultrasound, X-rays, pancreatic examinations, infection tests, biochemical tests... Watching the attending doctor prescribe a series of examinations, Xiao Feng's heart began to mutter, "Why do you want to do so many examinations?" The attending doctor explained that the X-ray showed that the dog's stomach was relatively large, and other organs did not look particularly problematic, and they had to be excluded one by one. After ruling out the problem of the pancreas, Xiao Feng couldn't help but ask the doctor a few words, saying that Sansan's physical condition was not good, and the biochemical examination might not bleed, at which time the doctor turned to prescribe an antiemetic needle, a long-acting anti-inflammatory needle and some drugs to enhance stomach motility. "It took more than 1,500 yuan, and when I checked it to the end, I couldn't find a problem."
The next day, Sansan did not see any improvement, Xiao Feng took Sansan to follow up, and paid 960 yuan to continue to do the examination. "The biochemical results came out, no problem, it was low blood sugar, and the doctor said to infuse blood sugar immediately." But how to treat it in the future, the doctor did not give a reply. "My husband and I are very angry, how can there be no conclusion?" At our insistence, the doctor made up the diagnosis of 'acute gastroenteritis'. ”
In the end, Xiao Feng chose to transfer to the hospital, but Sansan still failed to rescue him. Grief-stricken Xiao Feng turned to the hospital, believing that the hospital's misdiagnosis had delayed the treatment time. The relevant person in charge insisted that the doctor's treatment was no problem, and it was Xiao Feng himself who refused to give Sansan further examination. Because no cameras were installed in the clinic, the two sides insisted on their own opinions and reached a stalemate. "On February 5, we went to ask them for a paper invoice and medical records, but the medical records were delayed, and then we called the police and got them." What makes Xiao Feng most angry is that the paper version of the diagnosis and treatment records obtained is not exactly the same as the previous WeChat public account, and "the doctor once again proposed symptomatic treatment of infusion" was changed to "the doctor once again proposed symptomatic treatment and in-depth examination of infusion". "If I hadn't paid attention to intercepting the medical records, wouldn't it have been my refusal to give my family three-three treatment, and the hospital would not have taken full responsibility?"
Tampered medical records.
After receiving the complaint, the reporter went to or contacted the hospital involved several times to ask for details, and the other party refused the reporter's interview on the grounds that the person in charge was not there.
It can only be mediated as a consumer dispute
"Sansan has been with our family for 8 years, and we hope to find justice for her." After the incident, Xiao Feng was indignant. But how to defend rights? She was confused.
Xiao Feng learned from his lawyer friends that the "medical malpractice" that occurs on pets cannot be equated with "medical malpractice" in the usual sense. According to the current law of the mainland, pets belong to the category of "property", and pet owners send pets to the hospital, which is not a medical act, but a consumption behavior, which is actually a contractual relationship with the pet hospital. When a pet has adverse consequences due to improper diagnosis and treatment, the pet owner can pursue the hospital's liability for breach of contract in accordance with the provisions of the Contract Law, and can also choose to pursue the hospital's tort liability for damage to its "property". However, "if prosecuted, it is very difficult for us to produce evidence, pets cannot speak, there is no monitoring at the scene, and we can only rely on existing written records." ”
How can this be done? According to the rights protection measures provided by the relevant social platforms, Xiao Feng first published comment articles on the social platforms, and then called hotlines such as 12345 and 12315 for help, and reflected the situation to the Animal Health Supervision and Administration Institute, hoping to punish the hospital's violations by administrative means.
The "rights protection strategy" given by relevant social platforms.
The reporter learned from the local animal health supervision and management institute that at present, the pet diagnosis and treatment supervision in Shanghai is responsible for the law enforcement brigade of the Municipal Agricultural Commission. However, the supervision responsibilities related to district-level pet diagnosis and treatment in several central urban areas are assigned to the market supervision and management department, "We can investigate the content of the hospital's qualifications, physician qualifications, illegal medication, incomplete qualifications, illegal operations and other legal provisions, but when it comes to medical disputes, it is usually determined by consumer disputes, which are generally mediated by the Shanghai Pet Industry Association." ”
Sure enough, not long after, Xiao Feng received a reply from the relevant department, saying that during the on-site inspection of the pet hospital, the person in charge of the hospital provided a full set of prescriptions, medical records, imaging data for the treatment of dogs, as well as the hospital diagnosis and treatment qualifications and the qualifications of the veterinarian on duty, and the preliminary judgment was that there were no violations. As for the situation of "tampering with medical records" reflected by Ms. Feng, the hospital will be punished according to law on the grounds of "not taking the initiative to provide a prescription for medical records". The medical disputes involved are handled by the Shanghai Pet Industry Association.
Under the mediation of the Shanghai Pet Industry Association, Xiao Feng finally reached a settlement with the hospital. But Xiaofeng is still worried: the number of pet hospitals in Shanghai is nearly 500, but there are only more than 200 member units of the industry association, so many pet hospitals, once there is a medical dispute, how to protect their rights?
Pet diagnosis and treatment disputes are frequent and urgently need attention
Xiao Feng's worries were not superfluous. In the Shanghai 12345 citizen service hotline, there are many complaints about pet diagnosis and treatment: inconsistent diagnosis and treatment reports before and after, arbitrary price increases in diagnosis and treatment items, surgery without permission... Most of the pet owners who have long regarded their pets as family members are willing to give their pets better medical treatment, but due to the relatively lagging supervision of pet diagnosis and treatment, contradictions have emerged frequently.
Industry insiders told reporters that since the 1990s, Shanghai's pet diagnosis and treatment industry has made great progress, from the beginning of the unlicensed and unqualified, to now included in the strict scope of prior supervision, pet diagnosis and treatment is becoming more and more standardized: "Shanghai Animal Epidemic Prevention Regulations", "Veterinary Drug Management Regulations", "Licensed Veterinary Management Measures", "Animal Diagnosis and Treatment Institutions Management Measures" and other corresponding laws and regulations emerge in an endless stream, and the supervision of the pet industry is also constantly strengthening. However, the development of the pet diagnosis and treatment industry is still far beyond imagination. The unbalanced development has led to the development of the pet diagnosis and treatment industry can not meet the expectations of pet owners, coupled with the lack of manpower in the management of the pet diagnosis and treatment industry in the city, especially in the central urban area, resulting in weak supervision and industry chaos. At present, most of the pet hospitals on the market are private hospitals, the level of practitioners is uneven, and there are phenomena such as excessive diagnosis and treatment, small diseases and large treatment, which affects the trust of pet owners in pet hospitals.
At the same time, in response to medical disputes, although Shanghai has established an industry association early and has the identification qualification of pet autopsy, many consumers still have doubts about the identification results because the identification agency is not an official organization. Therefore, when resolving pet medical disputes, it is often only through negotiation.
Industry insiders said that on the one hand, the relevant departments should increase supervision and issue corresponding policies and regulations for pet medical disputes; on the other hand, the industry also needs to form a good development mechanism and strive to improve the development level of the industry to meet social needs.
In addition, Zhang Jianwei, a lawyer at Shanghai Pushwanlian Law Firm, suggested that when choosing a pet clinic, they should carefully verify the pet diagnosis and treatment license, animal health public notice board, practicing veterinarian, animal diagnosis and treatment fee details, veterinarian on the job on the same day, etc., and choose a qualified and familiar hospital for treatment; in order to avoid problems in the subsequent determination of responsibility for medical disputes, in the process of treatment, pet owners should also pay close attention to whether there is a video in the hospital consultation room, whether there is a detailed diagnosis and treatment report, diagnosis and treatment plan, etc. Timely retention of the corresponding bills, examinations, treatments, surgeries and other detailed written records, "the establishment of a standardized medical process, the realization of the full record of the process is also conducive to reducing the occurrence of such disputes." Zhang Jianwei said that due to the difficulty of presenting evidence, many pet owners have chosen to give in to this situation, "When they really encounter problems, consumers still have the courage to take up legal weapons to protect their legitimate rights and interests." ”
Column Editor-in-Chief: Mao Jinwei Text Editor: Mao Jinwei
Source: Author: Li Si