In the process of handling medical disputes, Mr. Lin always foresees that some of the affected parties will fail in handling the case, even if the case itself has a high chance of obtaining reasonable compensation, but due to the incorrect mentality and way of handling the dispute of such parties, it is doomed to failure.
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First, expectations are particularly high.
Personal injury-related tort cases are small standard cases, no matter how serious the damage is, no matter how great the fault liability, the amount of compensation that can be obtained is also very limited, most of them even if they constitute disability or even death, the compensation is only hundreds of thousands, because the judicial interpretation of the Supreme People's Court has clearly stipulated the compensation for personal injury, and the amount of compensation is compatible with the national economic level and the consumption level of ordinary people, so this compensation is not high. Mr. Lin has handled so many medical disputes, and the most compensated dispute cases through legal procedures are more than 2 million yuan, and the hospital is also responsible for the cases where the patient is in a vegetative state. So it's almost impossible to get a huge amount of compensation that exceeds the legal standard for medical damages. Lawyer Lin once received a case of client consultation, he through repeated complaints, the hospital is willing to compensate 6 million, I can't believe that any hospital will be willing to compensate so much, the reason is unknown, but this client asked for compensation of 200 million, lawyer Lin refused to provide him with consulting services at that time, hung up the phone, but more than a year later, the client called again to consult, saying that the appraisal report came out is a slight responsibility, see what to do, I said that there is nothing to do, suggesting that he renegotiate with the hospital, at least 6 million, but he said that the hospital does not negotiate with him, do not go through the legal process and do not pay a pennyLawyer Lin said that there is no way. In short, if you want to obtain compensation that does not comply with the law through medical dispute rights, failure is a high probability result.
Second, it is difficult to listen to the advice of professionals.
Medical malpractice cases are undoubtedly civil cases that require high professional knowledge, and whether it is in substance or procedure, they cannot be treated with ordinary people's thinking, and the advice of professionals should be listened to as much as possible. Some parties are very obsessed with pursuing a similar case with a good outcome that they have seen, believing that the outcome of their case should be the same as that similar case, and the path of rights protection should also be the same, but they do not know that the law is updating, the judicial environment is changing, and the people who handle the case are also accumulating experience and becoming mature. For example, when professionals tell them that it is difficult to take the route of falsifying and tampering with medical records, when there is no autopsy case to be resolved through negotiation first, when not easily raising objections to the authenticity of unsealed medical records, and when not repeatedly arguing with the appraiser on a certain key issue to avoid withdrawing the file, if some parties are still stubborn, the probability of failure to defend rights is extremely high.
3. Hesitation and refusal to trust everyone.
Some clients do not believe in the importance of professional knowledge, but they do not trust anyone easily, they will consult back and forth between several lawyers to obtain information that he thinks is useful, or even if they have hired a lawyer, they are only willing to handle the case in their own way, and hesitate to make a certain decision, suffering from gains and losses, thus losing valuable opportunities. For example, when the hospital gives a reasonable mediation plan, he always suffers from gains and losses, worried that accepting mediation will make the hospital cheaper, worried that the lawyer suggests that he will mediate in order to get the lawyer's fees as soon as possible, and is worried that he will miss more compensation if he does not go through the legal process, and the hospital recommends taking legal procedures when the decision is delayed for a long time。 It is easy for such parties to turn against their lawyers, and it is also easy to turn against the medical commission, judges, and hospital people, and in the end, everyone becomes like enemies.
Fourth, unwilling to spend any cost and take any risks.
Some parties are too shrewd, more believe in their own ability, do not think that medical disputes need to cost money, think that those who spend money to hire a lawyer are wronged, those who have to charge lawyer fees before winning the lawsuit are cheating money, or do an appraisal and don't know the result and need an appraisal fee of 10,000 or 20,000 yuan. According to Mr. Lin's experience, the vast majority of professional medical lawyers will not advise cases that do not have any chance of winning to actively promote rights protection, nor will they recommend cases with limited compensation to go to court. Therefore, there are not many parties who cannot understand that medical disputes have to pay a certain cost, and they can obtain reasonable compensation without spending a penny based on their personal ability, and most of them receive much less compensation than they should actually get.
To sum up, Mr. Lin has dealt with medical disputes a lot, and he feels more and more that this is an art, which requires a degree of relaxation and adaptability, not only respecting professional knowledge, but also understanding the importance of getting along with people, which includes not only the interpersonal relationship in the process of handling cases, but also the relationship between the parties and the lawyer, as well as the unity of family members.