Article 1228
The lawful rights and interests of medical institutions and their medical personnel are protected by law.
Those who interfere with medical order, obstruct the work and life of medical personnel, or infringe upon the lawful rights and interests of medical personnel, shall bear legal responsibility in accordance with law.
1. The main purpose of this article
This article is about the protection of the lawful rights and interests of medical institutions and their medical personnel.
II. Evolution of the Provisions
Prior to the promulgation of the Civil Code, the provisions on the protection of the rights and interests of medical institutions and their medical personnel were scattered in various laws and regulations, such as the Regulations on Nurses, the former Law on Medical Practitioners, and the former Tort Liability Law. Article 21 of the original Law on Medical Practitioners stipulates that among the seven rights enjoyed by physicians in their professional activities, they include that "in their professional activities, their personal dignity and personal safety shall not be violated". Article 64 of the original Tort Liability Law stipulates that "the legitimate rights and interests of medical institutions and their medical personnel shall be protected by law. Those who interfere with medical order and obstruct the work and lives of medical personnel shall bear legal responsibility in accordance with law. Article 1228 of the Civil Code, on the basis of basically retaining this provision, divides this provision into two paragraphs, the first paragraph provides for the protection of the legitimate rights and interests of medical institutions and medical personnel in accordance with the law, and the second paragraph stipulates that medical personnel shall bear legal responsibility for interfering with medical order, hindering the work and life of medical personnel, and infringing on the legitimate rights and interests of medical personnel. In addition, the word "nuisance" has been replaced by "obstruction" in this article, and the wording is more rigorous.
In the course of the legislative process, there have been opinions that this article belongs to the content of the administrative law and has nothing to do with the Tort Liability Law, and it is suggested that this law should not make provisions. However, there are also opinions that in view of the current situation in which the contradictions between doctors and patients are quite prominent, especially the frequent occurrence of incidents of "medical troubles" and "injuries to doctors", this has seriously interfered with the normal medical order and had a great impact on the safety of medical personnel's lives and property, as well as the peace of work and life. In this case, the Civil Code should not only adjust and balance the ongoing conflict of rights and obligations, but also provide legal guidance for possible conflicts in the future, which is also in line with the legislative purpose of the Tort Liability Law to "prevent and sanction infringements".
3. Interpretation of Provisions
This article is about the protection of the lawful rights and interests of medical institutions and their medical personnel in accordance with the law.
Medical institutions and their medical personnel are the white-clothed messengers who rescue patients from illness, their duties are sacred, and their legitimate rights and interests should be protected by law. Protecting the legitimate rights and interests of medical institutions and medical personnel means protecting the health and safety of the people themselves.
As soon as a dispute over medical damage occurs, patients and their close relatives begin to stir up trouble with medical institutions, infringing upon the legitimate rights and interests of medical personnel, and even making medical institutions unable to carry out medical activities or even harming medical personnel. Therefore, this article provides:
(1) The legitimate rights and interests of medical institutions and their medical personnel are protected by law, and their legitimate rights and interests cannot be illegally infringed.
(2) Those who interfere with the order of medical treatment, obstruct the work and life of medical personnel, and infringe upon the lawful rights and interests of medical personnel shall bear legal responsibility in accordance with law. The perpetrators of "medical troubles" should be investigated for their corresponding legal responsibility, including civil, administrative, and criminal liability, so that their actions will be punished and the legitimate rights and interests of medical institutions and medical personnel will be effectively protected.
4. Cases
Kang v. Tang Mouying, a dispute over infringement of the right to health
Facts: Tang Mouying's daughter went to the county people's hospital for delivery. Tang Mouying was dissatisfied with the diagnosis and treatment measures implemented by the hospital, and quarreled and beat the doctor Kang, causing him to be injured. Kang appealed to the court to order Tang Mouying to compensate for the losses and publicly apologize. The court of first instance held that this was a medical-related illegal act, and the defendant should bear civil liability for the economic losses caused by the plaintiff's injury. Only by making a written public compensation and apology can the defendant effectively achieve the purpose of eliminating the impact and restoring the plaintiff's reputation, and at the same time, play a certain warning role within the hospital, which is conducive to preventing similar medical-related illegal acts from occurring in the hospital. Therefore, the defendant was ordered to compensate for the losses and apologize. Tang Mouying was not satisfied and appealed. The court of second instance held that Tang Mouying was subjectively at fault for beating Kang, and objectively caused his injury, and should compensate for losses. The most important thing is that the beating incident occurred in the hospital and was aimed at personnel performing their duties as doctors, which caused a sense of psychological fear for him to engage in the work in the future, and also brought a certain psychological shadow to other medical personnel in the hospital. Based on the facts ascertained in this case and the seriousness of the nature of the case, it was not improper for the court of first instance to award Tang Mouying a certain amount of spiritual solatium to Kang in accordance with the provisions of the law.
5. Analysis
This case involves an act of "medical trouble". "Medical trouble" behavior not only affects the normal operation of medical institutions, but also may infringe on the personal and property rights and interests of medical personnel. In order to fully protect the legitimate rights and interests of medical institutions and medical personnel, article 64 of the Tort Liability Law stipulates the obligation of others not to interfere with the medical order and the work and life of medical personnel. If this obligation is violated, the perpetrator shall bear legal responsibility in accordance with the relevant provisions. Article 1228 of the Civil Code follows this practice by providing for the protection of the legitimate rights and interests of medical institutions and their medical personnel. In this case, when the patient's family member Tang Mouying had different opinions on the diagnosis and treatment plan of the doctor Kang, she did not communicate well with him, but instead resorted to violent methods to solve the problem, resulting in the injury of the doctor Kang, which is a typical "medical trouble" behavior. Tang Mouying's beating violated Kang's right to health, and met the constitutive elements of tort liability, and he should bear tort liability to Kang. Tang Mouying not only needs to compensate for medical expenses, nursing expenses, etc., but also needs to compensate for mental damages. Only by severely cracking down on "medical troubles" can we maintain the normal medical order of hospitals, protect the legitimate rights and interests of medical institutions and their medical staff, and maintain the relationship of trust between doctors and patients. Therefore, this case has great reference significance for the prevention of "medical trouble".