The letter of consent of operation is not drafted again " The overlord "

The letter of consent of operation is not drafted again " The overlord "
Chinese the intersection of hospital and association plan, set up, unify in the know the intersection of letter of consent and model for calligraphy or painting while being national, abandon order color, increase and communicate and choose one more
It is reported (reporter Wei MingYan) The hospital li one " The letter of consent in the know " Reform, is attempting to dissolve medical dispute, a break-through point to relieve contradictions of doctors and patients as the medical law circles.
Yesterday, Deputy Director Zheng XueQian's title of safeguarding the rights department of association's hospital of Chinese hospital, was entrusted by Ministry of Public Health, the association of Chinese hospital is carrying on one " Medical dispute and consent in the know " Subject survey and study,collect, letters of consent in the know when not gather hospitals such as Beijing and other places, revise it and order color, increase healing solution and more easy-to-understand illustrative languages for the patient to choose. Plan to set up a nationwide unified model of letter of consent in the know, plan to submit to Ministry of Public Health next year, if approved and released promptly, aim at helping the norm of the hospital to tell the behavior, safeguard doctors and patients' legitimate rights and interests of both sides.
"The new one tells the book will increase exposition, comparison of various healing solutions, countermeasure and measure of the hospital while meeting accident to disease and patient's detailed conditions, prominent respect to patient's right to choose. " Zheng XueQian says, no matter whether health authorities will require the hospital to use the unified letter of consent in the know in the future, the associations of Chinese hospital all plan to regard more normal, more complete text of letter of consent in the know as a trade the standard is released, available for selecting in the hospital.
It is reported, the medical dispute in Beijing area is increasing progressively at the speed of 35% for every year. Come from the medical dispute of Beijing and mediate the investigation of the centre to estimate, in 2008, the medical dispute that takes place in the whole city will reach 15000 to get up to 18000, among them about half the dispute incidents are because the patient thinks the attitude, communication and telling of the medical worker were caused uncompletely. Meanwhile, the investigation of the association of Chinese hospital finds, in more than 90% of the medical dispute lawsuits, the patients will all propose " the letter of consent in the know of the hospital is the form contract, forced to sign ". " As the lawyer, Zheng XueQian emphasizes, the letter of consent in the know is not a form contract, not even the mandatory order of hospital, but supervise the doctor to fulfil and carry on abundant telling the obligation to the patient to disease and healing solution.
Hygiene law Deputy Director of teaching and research room Wang Yue shows the intersection of Peking University and medical science department, perhaps the essence content is still so many, but only change the word, statement of a word, can embody hospital to the intersection of patient and in the know respect of right to choose, " whether first make nonsense at medical science perhaps, but say one sentence more, may will never understand to that understands by the patient, from resisting to cooperate. "
Current situation
Has signed, is not the hospital responsible without exception?
Yesterday, in front of the door of operating room of hospital of a the first, second and third of Beijing, Mr. Zhang was anxious outside the door to wander up and down, wife waiting and accepting heart bypass surgery. He is carrying two letters of consent in the know in chest, one is letter of consent in the know of operation, a part is to anaesthetize the letter of consent in the know before a skill.
"Has already signed, really accidents happened to, is not the hospital responsible without exception? " Mr. Zhang thinks. Mr. Zhang has already puzzledly become the counterplea focus inside and outside the court now, thought more and more patients encroaching on the behavioral China's rights and interests of medical treatment propose by those.
"In the lawsuit of the medical dispute, the patient will nearly all propose the letter of consent in the know of the hospital is a form contract, forced to sign. " A few days ago, on the bright straight judicial expertise forum in Beijing, the experts advised health authorities to changed and does not " do things in his own way " with the hospital at present In the know for letter of consent,instead of texts unified that standardize; Use " I agree " , " I understand " Wait for the expression way, replace to the patient's pressure and order color, in order to gain patient's trust and cooperation of the doctor.
Plan to increase the content
The patient's symptom and having basic diseases, whether have detailed information such as allergic history.
Enumerate including surgery and various feasible healing solutions that guards treating inside.
Describe that implements profit and fraud of the operation with more popular language.
Have not predicted the consequence of the operation.
Item that should pay attention to under operation, can't drink water, when can take food etc..
Background
The letter of consent in the know does not avoid responsibility effectivenesses
According to the regulation of " contract law ", the responsibility clause of exempting about causing the other side's bodily injury is invalid in the contract. So, " the hospital is not responsible without exception " in the letter of consent in the know of the hospital Or " the hospital does not bear any responsibility " Is contrary to law the prohibitive regulationed and belongs to partly invalid. If the medical worker has had medical fault and caused the consequence that patient's life damages while it is patient's operation, the medical organization must bear civil liability. There is not the letter of consent of operation " Avoid the civil liability that the consequence should be born of doing harm to patient because of medical worker's medical fault " Legal effect.
Sound
Relatives Can't understand that there are objections to dare either
"Understand, do not dare to have objections either. " This it is great majority that become patient or relative their, feeling when signing the letter of consent in the know ever. The patient family members Ms. Li says: "You have signed, but approve, this becomes the way in which the hospital escapes responsibility in a disguised form. But we have no ability to resist such unreasonable behavior. " She says, patients do not understand the medical professional knowledge, it is the relative disadvantaged groups to come to the hospital to seek medical advice, no matter sign, should bear the unfavorable consequence.
Hospital Demand the letter of consent in the know of the norm urgently
Doctors and patients, tumour hospital of Beijing, run the intersection of director and Li Lin, it is said expected to unify, standardize the letter of consent in the know, it is " too essential " to use together With " too urgent " Two words express one's own mood. Li Lin say, demand urgently led by health authority, or authorize the authoritative employer's organization to take the lead, standardize the letters of consent in the know of the hospital in unison. Lin Li still emphasizes, the hospital can't be only made patient's norm and standard that agree in the know by the expert of the law circle, should adopt and specialize in the opinion that the relationship between doctors and patients transfers the workers in the place in the hospital more, must also divide according to disease during formulation, listen to the clinical and experienced medical expert's opinion separately.
Ministry of Health It is unrealistic to unify the text
Press spokesman of Beijing Municipal Health Bureau Deng XiaoHong does not agree in unifying the text form of the letter of consent in the know. She thinks, there are many kinds of diseases, even the same disease, the doctor needs to make different healing solutions according to the situation of the concrete patient, so it is unrealistic to unify the letter of consent in the know from form. "Medical science is that a professional lines is very strong
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