There are many well-known medical lawyers with medical backgrounds, including lawyer Lin, who has been practicing medicine for many years before changing careers to become a lawyer, so will medical lawyers represent patients sympathetic to hospitals?
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First, there is a wrong view that needs to be corrected.
Many people think that a lawyer born from a doctor is betraying the hospital by representing a patient in a lawsuit against the hospital, especially if a doctor friend has such an idea, which is a wrong view. First of all, doctors and medical lawyers on the patient side actually serve patients, and medical lawyers rely on their professional ability to point out the mistakes of doctors to protect the rights and interests of patients, and there is no essential difference between doctors treating patients with their own skills, and they are both the relationship between serving and being served; then, doctors and medical lawyers should not belong to the same camp in doctor-patient disputes because they were previously workers in the same field, and there are 20% The above lawyers are cross-industry, and are better at dealing with the legal business of the previous industry, and there is no law that stipulates that lawyers should avoid the legal business in the field they have previously engaged in or refuse the entrustment of the opposing party; Finally, the patient has the right to hire a lawyer who is familiar with the medical field to represent him in his case, just as a hospital hires a professional legal counsel.
2. Professional ethics of lawyers.
According to the provisions of the "Lawyers Law", first of all, lawyers should insist on taking the facts as the basis and the law as the criterion, and practice in strict accordance with the law. Second, lawyers should conscientiously protect the lawful interests of their clients. At the same time, lawyers who come into contact with confidential information related to the case in the course of practice must not disclose it to the opposing party. The vast majority of lawyers will not risk illegal practice for a certain case to damage the interests of the client, especially in the career of Mr. Lin, has not encountered the patient lawyer in order to sympathize with the hospital, intentionally damage the interests of the patient in the process of litigation, may be some parties in the process of mediation that the lawyer speaks, thinking towards the hospital, in fact, otherwise, your lawyer not only represents your interests, but also to judge the situation to promote dispute resolution, so that the patient can get compensation as soon as possible, verbally, Thinking from the perspective of the hospital, in fact, it is to evaluate the case more objectively, so that the parties can understand the facts of the case and the expected outcome. As Mr. Lin often mentioned, it is not an act of betrayal of the patient to evaluate the hospital's fault liability from the perspective of judges and appraisers, and to predict their willingness to pay compensation from the perspective of the hospital.
3. Sympathy for the hospital will not bring any benefit to the lawyer.
To a certain extent, a lawyer in civil cases related to property is a businessman, who invests in legal services and obtains remuneration for services, especially in the form of risk fee agency schemes, the interests of patients and medical lawyers are deeply bound, whether the patient receives compensation and how much compensation is the key to the medical lawyer's income, and the hospital will not give remuneration because the patient's lawyer sympathizes with it, not only is it not legally feasible (illegal and criminal acts), but as a public institution (if it is a public hospital), it is also difficult to operate financially. In Mr. Lin's experience, medical lawyers sympathize with hospitals, at best, they only sympathize emotionally with the responsible doctors, and do not act to protect the hospital at the expense of patients, because there is no benefit in doing so. In practice, it is true that some hospitals verbally thank the patient's lawyer after the dispute is resolved, but it is not because it has reduced the loss for the hospital, but because of the efforts made in handling the dispute to avoid the intensification of the conflict between the doctor and the patient.
4. Medical lawyers do not need to avoid hospitals related to their educational experience.
Most of the medical lawyers are graduates of medical schools or even 985 medical schools, and the well-known hospitals near the medical school are their affiliated hospitals, and there will be many classmates and former colleagues in many other hospitals. According to Mr. Lin's observation and practical experience, in cases that are generally not in the tutor's department or the department where he has worked before, or where the responsible doctor is a classmate or former colleague, the medical lawyer does not need to recuse himself, and the lawyer's basic professional ethics and interest-binding agency plan will not allow the lawyer to harm the interests of the patient. Mr. Lin has represented three cases in the Affiliated Hospital of Central South University, and so far there has been no complaint from the patient that Mr. Lin is facing the hospital.
5. What situations need to be suspicious of your lawyer's sympathy for the hospital.
Of course, in practice, there will always be a very small number of lawyers who do not abide by professional ethics so much, and they need to be careful about the patient. If the hospital is a consulting unit of the law firm where the lawyer has worked before, and the lawyer has not informed the lawyer before the appointment, it is not recommended to entrust it, and if the lawyer has specially informed the lawyer before the appointment, it may be retained after investigation; If you agree to the hospital's request for appraisal by the provincial appraisal agency with deep ties with the hospital, and do not strive to obtain key evidence (such as interventional surgery videos, imaging films, subjective medical records), etc., it is recommended to terminate the contract and retain a separate lawyer.
Well, on the whole, although many medical lawyers are doctors, because of their reverence for the law, cherishing their careers, and for the purpose of obtaining remuneration for legal services, they basically will not sympathize with the hospital that harms the interests of patients, and patients can rest assured that they can entrust them.