«——·Preface·——»
Doctor-patient disputes refer to disputes between medical institutions or medical personnel and patients or their close relatives over medical behavior, medical quality, medical expenses, medical liability, etc. in the process of providing medical services.
Doctor-patient disputes often involve people's life and health and property rights, so the handling of doctor-patient disputes should follow the principles of fairness, reasonableness, timeliness and effectiveness. If the doctor and patient cannot resolve the dispute through negotiation, they can apply to the relevant department for mediation.
If mediation fails, can both the doctor and patient sue directly in court?
This article will analyze this problem through a real case and popularize relevant legal knowledge.
«——·Case Review·——»
Xiao Wang is a middle-aged man who is often dizzy because he suffers from high blood pressure.
One day, he suddenly felt a severe headache on his way to work, so he rushed to a nearby hospital. After examination, doctors diagnosed him with cerebral hemorrhage and recommended immediate surgery.
Xiao Wang agreed to the operation and signed the surgical consent form and risk notice.
The operation lasted more than two hours and was successfully concluded. Wang was sent to the intensive care unit (ICU) for observation. However, the next morning, Xiao Wang's family received a call from the hospital saying that Xiao Wang had serious complications and needed to undergo surgery again.
Xiao Wang's family rushed to the hospital and found Xiao Wang unconscious and swollen all over.
They questioned the doctor and learned that Xiao Wang had developed an intracranial infection and cerebral edema after surgery, resulting in brain failure.
Xiao Wang's family found it incredible and suspected that the hospital had made mistakes during the operation or concealed the facts. They asked the hospital to give a reasonable explanation and compensate them for their losses.
However, the hospital said that they had performed the operation in accordance with the norms and procedures, and informed Xiao Wang of the situation and risks in a timely manner.
They believe that Xiao Wang's complications are unforeseen and inevitable, and have nothing to do with them. They refuse to take any responsibility.
Xiao Wang's family could not accept this answer, so they applied to the local health administration for mediation. After many consultations, the two sides still did not reach an agreement. Xiao Wang's family decided to sue the hospital in court and demanded that it compensate Xiao Wang for medical expenses, lost work expenses, nursing expenses, and mental damage expenses.
«——·Interpretation by Case·——»
This case involves two points of contention:
Is the hospital medically responsible for Xiao Wang's complications?
If there is medical liability, how should I compensate Xiao Wang for his loss?
According to Article 2 of the Regulations of the People's Republic of China on the Handling of Medical Accidents, "Medical malpractice as used in these Regulations refers to an event in which medical institutions and their medical personnel cause damage to patients due to medical negligence in the course of providing medical services." ”
Based on this legal provision, we can draw the following conclusions:
Whether the hospital is medically responsible for Xiao Wang's complications depends on whether there is medical negligence.
Medical negligence refers to the behavior of medical institutions and their medical staff in the process of providing medical services, which violates the diagnosis and treatment standards, operating procedures or other relevant regulations, resulting in damage to patients.
If Xiao Wang's complications are caused by the negligence of the hospital or doctors in diagnosis, treatment, nursing and other aspects before, during and after surgery, then the hospital should bear the corresponding medical responsibility.
If Xiao Wang's complications are caused by uncontrollable factors such as his own physical condition, immunity, genetic factors, etc., or due to the inherent risks of the operation itself, and the hospital or doctor has fulfilled a reasonable duty of care and notification, then the hospital should not bear medical responsibility.
If he is medically liable, he should compensate Xiao Wang according to the actual loss. According to Article 64 of the Tort Liability Law of the People's Republic of China, "whoever causes damage to others due to the provision of medical services shall bear tort liability according to law." Where the provision of medical services causes the death of another person, in addition to compensating the deceased for the damage suffered, the deceased's close relatives shall also be compensated for reasonable expenses. ”
According to this law, if Xiao Wang dies due to complications and is caused by the negligence of the hospital or doctor, then the hospital shall compensate Xiao Wang himself for the damages, including but not limited to: treatment costs, lost work expenses, nursing expenses, etc.
At the same time, Xiao Wang's family should also be compensated for reasonable expenses, including but not limited to: funeral expenses, mental damage expenses, etc.
Through this case, we can popularize the following legal knowledge:
In the event of a dispute, both doctors and patients should respect the legitimate rights and interests of the other party, communicate rationally, and avoid intensifying conflicts.
When the dispute cannot be resolved through negotiation, the doctor and patient may apply to the relevant departments for mediation. Mediation is a voluntary, negotiation, and conciliation method that can not only safeguard the interests of both parties, but also save time and costs.
If the mediation is not established, the doctor and patient may file a lawsuit in court.
Litigation is a way of lawsuit, litigation and adjudication, which can protect the legitimate rights and interests of both parties, but it also needs to spend more time and cost.
When requesting compensation, both doctors and patients shall, in accordance with the principle of actual losses, refrain from excessive claims or vexatious trouble.
If compensation for moral damages is sought, it should comply with the circumstances prescribed by law and provide corresponding evidence and reasons.