Although the construction of the rule of law in today's society has made a lot of progress, there are still many patients who are very interested in using medical troubles to deal with medical disputes, and think that this primitive method is more direct and effective.
(A mini program has been added here, please go to the Toutiao client to view)
1. The nature of medical trouble.
The most primitive legal definition of medical troubles is characterized as illegal acts, hyping up medical disputes in order to obtain illegal benefits, but in practice, the vast majority of people who engage in medical troubles are actually claiming compensation for medical damages, not for the purpose of obtaining illegal benefits, so the judicial organs gradually extend medical troubles to some specific rights protection acts, which generally refer to illegal acts that disrupt the normal medical order and cause bad impacts, including: setting up mourning halls in hospitals, pulling banners, illegal mortuary, burning paper money, and placing wreaths. Setting up obstacles to prevent patients from seeking medical treatment, smashing property, or beating medical personnel, following medical personnel, or staying in the consultation room, physician's office, or leader's office. In particular, there have been no specific regulations on whether holding up a sign in a hospital or wearing clothes with rights protection words printed on them is an act of medical trouble, and in practice the treatment of the public security organs is different.
2. Will medical troublemakers be arrested?
If it is true that the public security organs should be arrested if they do act to defend their rights, disrupt the medical order and cause a bad impact, but in practice they will not always be arrested. If the patient's family members defend their rights in a large public hospital, especially one of the top hospitals in the local area, the probability of being arrested is extremely high, because the public security organs first consider the stability of social order and then public opinion; If it is a relatively small hospital, such as a community hospital or a health center, because the local social relations are complex and the social responsibility of the small hospital is small, the public security organs are prone to have the habit of dealing with the mud, and mainly adopt the method of education for medical troubles, and many behaviors with personal attacks will be arrested; If the medical disturbance is carried out in a private hospital, because the operation of these hospitals is for profit, and the patients often appear as victims, the public security organs will not actively deal with the medical troubles, especially if the patient dies, even if the body is parked in the hall, they will not dare to arrest people, because "the deceased is the greatest", and they only hope that the two sides will negotiate a settlement.
3. Is medical trouble useful?
Objectively speaking, whether it is a large public hospital, a small hospital, or a private hospital, they are all afraid of medical trouble, especially the kind of excesses, such as intentionally harming medical staff, but even if a reasonable patient friend wants to take a medical trouble, he will not go to the doctor, otherwise the compensation will not be received, and the person will be arrested. What about the kind of behaviors that are generally caught and not easy to catch, and cannot be driven away, such as holding up signs, wearing clothes with rights protection words, tracking medical staff, or staying in the consultation room, doctor's office, and leader's office, this kind of behavior does not have much effect on public hospitals, they do not care so strongly about the reputation and performance of the hospital, and if the public security organs do not take action, the hospital generally treats it negatively, tossing it with you, or is "served by the human wall" by the hospital security guards. Private hospitals are more worried about medical troubles, because they are for the purpose of profit, and whether or not they are ultimately dealt with by the public security organs, it will affect their performance and reputation to a certain extent, especially if the public security organs do not actively deal with them, the patient's rights protection behavior will not be able to stand it for a week or half a month, and if it persists for several months, the hospital may be consumed. Therefore, large public hospitals are not too worried about medical troubles, and the police stations in their jurisdictions are their strong backing, while small hospitals and private hospitals are prone to compromise due to medical troubles.
Fourth, "trouble" in the hospital is both beneficial and risky.
Since some hospitals are worried about medical troubles, they will have to agree to the patient's demands because of the medical troubles, so "trouble" reaching a mediation agreement before the public security organs take compulsory measures can indeed generate benefits. However, there are risks in both public and private hospitals, and there are many people who have been detained and fined, and some of them have committed violent acts, and they also involve criminal offenses, especially in public hospitals, as long as there is a physical conflict, administrative detention is certain, and if the loud noise affects the medical order, it will also be subject to administrative punishment; At the same time, if there is a relatively big impact, such as threatening to jump off a building or tearing up banners to make the city stormy, the public hospital will not negotiate, because official business is the most favorable way for the hospital to calm down the incident.
5. Mr. Lin's advice.
Lawyer Lin has never recommended the use of medical troubles to defend rights, not only because it is illegal, but also because this kind of behavior has become less and less sympathetic and recognized by the society, and the public opinion caused by it is not as biased towards the affected party as before, but more of "does it have to be like this?" Can't you follow the normal procedure? At the same time, the probability of medical troubles being able to achieve the purpose of rights protection has also decreased significantly compared with before, and public hospitals and even larger private hospitals have a set of mature procedures for handling disputes, including the way to deal with medical troubles. Finally, although there are a small number of opportunities to obtain compensation in a short period of time compared with medical troubles, taking the normal rights protection procedure is a means that people who abide by the law and discipline are more likely to obtain objective and reasonable compensation.