Engaging in the medical lawsuit has three major shortcomings " medicine makes a noise " Become that solves the dispute shortcut

Engaging in the medical lawsuit has three major shortcomings " medicine makes a noise " Become that solves the dispute shortcut
Engaging in the medical lawsuit has three major shortcomings " medicine makes a noise " Become that solves the dispute shortcut
Last long, costly and compensating less than satisfactorily. A lawsuit comes down, suffer from and then all pooped out, the compensation received often has no " medicine makes a noise " Many. So, meet the medical dispute, a lot of patient relatives are unwilling to appeal to the law, and will " cure and make a noise " Deemed to last long in the foot-path 1 of the victory - -" a medical lawsuit is made, it is very normal to take one year " [The good fortune of the Zhang 's of case ] is an ordinary peasant of Qixia district of Nanjing, October 16, 1998, he undergoes an operation in the chest hospital of the market of Nanjing. Has never expected that is told and only excised he of some right lungs originally, but the end loses the whole right lung and all esophaguses. After esophagus the excision, his stomach has been mentioned, the food will overflow from the mouth at any time. Good fortune brings a suit before court, apply for the malpractice to appraise at the Zhang 's. As a result, the tertiary medical association makes different expert's conclusions to the same case. On July 16, 2004, the medical association of Nanjing made the first expert's conclusion: This case is not a malpractice. Good fortune refuses to obey at the Zhang 's, apply to appraise to the court again. 5 months later, it is " not the malpractice" that the medical association of Jiangsu Province makes too Expert's conclusion. It is May next year, good fortune applies for Chinese Medical Association to appraise at the Zhang 's. Two weeks later, he got the probation reports of Chinese Medical Association: Second malpractice. In July of 2005, the drum-tower district people's court of Nanjing made civil mediation to a case of good fortune of the Zhang 's, the Zhang 's' good fortune obtained 460,000 yuan altogether for every compensation for damages. This 7 -year long medical dispute, drew the full stop at last. "The medical lawsuit is time consuming and long, mainly lie in there are many procedures of all kinds of qualifications. " The legal risk lawyer Li ZhyuanYan, director of management department of Beijing Yinke Haworth Lexon introduces, the important basis of the medical lawsuit of court's judgement the malpractice appraises and judicial expertise. One that is as to the two applicable, regional the intersection of regulation and difference, applicable malpractice appraise preferably such as Beijing, applicable judicial expertise preferably of Henan. The malpractice determines that collecting more than 3 experts makes up an expert panel from the storehouse of expert of the medical association by doctors and patients both sides, make the expert's conclusion according to the rule of majority. If there is expert's omission for some reasons among them, collect other experts to supplement again. The experts are all busy, time is difficult to gather together, influence the malpractice to appraise time limit sometimes. Because the experts of the evaluation committee of the malpractice come from the local every hospital, it is a professional community each other, it is difficult to avoid " networking through petticoat influence " Suspicion,in addition it last the ones complicated characteristic, to determining whether there aren't result in common peoples many. Qualification again from qualification for the first time of the medical association at city level to provincial medical association, and even the final qualification of Chinese Medical Association, the journey is endless, last much. It is tried in the court within time limit that the time that the malpractice appraises does not calculate, also long while influencing the lawsuit. If the court has priority the applicable malpractice is appraised, and then there is sufficient reason as suffering from to prove when the malpractice determines that is lack of evidence, can also apply for to a judge and start judicial expertise. "Such setbacks, a medical lawsuit is made, it is very normal to take one year. " In addition, it is that the medical lawsuit lasts a long reason that most judges do not know how to cure. The judges who tries the medical dispute do not mostly have a medical background, can only understand briefly that appraise the result, does not feel to the complicated situation on time, will increase the work of consulting, solving etc. again, influence deciding a case for time. In fact, suffer from and then appeal to the law, it is to think that cashes the property to compensate in time, the case is delayed long, manpower, material resources, financial resources cost are put into increasing, who would also like to go to court? 2 is with high costs - -The malpractice appraises the fee, judicial expertise fee, lawyer agency fee, subsistence charge, transportation expenseses, delays work expenses such as the fee, let a lot of want to go to court the person who demands statement hopes and steps back [the case ] In 1999, Ms. Wei of Maan Mountain of Anhui Province found the daughter much shorter and smaller than the child of the same age, then take her to a famous hospital in Nanjing to check, the child is made a definite diagnosis of and suffers from a kind of genetic disease, the doctor proposes injecting growth hormone. Inject behind the hormone, there is no money really in family, have and park medicines 5 year. However, shortly after medicines stopped, the child presents sexual precosity symptom. The 9 -year-old girl begins to be in the period, the bone has already been up to the level of the children 13 years old age. Because suture close soon, tall to stop child in 1.4 meter about. Ms. Wei finds that hospital of Nanjing, the school claims not to " misdiagnose " firmly . She is taking daughter to two hospitals in Shanghai to check, but the conclusion is far from each other. Ms. Wei applies for the malpractice to appraise, on December 27, 2007, it is " not a malpractice" that the medical association of Nanjing makes Expert's conclusion. Ms. Wei refuses to obey, but helpless: "In order to cure the disease for the daughter, the savings of the family have been used up, owe the debt of three four ten thousand yuan. The money that we even did medical verification is borrowed, where to have money to go to court? " "A lot of patients are even debt-ridden on using up the savings while curing the disease, go to court, have a heart but no strength. " Li ZhyuanYan thinks, expenses such as the qualification fee, sueing fee, lawyer agency fee of high price, it is a bank on the road to common people's lawsuit. "Apply for the malpractice to appraise, the higher the rank is, the higher the expenses are. " It is introduced, the malpractice at city level determines the fee is about 3500 yuan, qualification fee of Chinese Medical Association is about 8500 yuan. Determine the result belongs to the malpractice, the expenses are by school's commitments; Not belonging to malpractice, suffered from the square commitments. And judicial expertise who apply who pays, charge about 8000 yuan. Go to court and prosecute the fee inevitably. Suffering from the side has not compensated for demanding, the court usually collects the prosecution fee of 50- 300 yuan. If there is object of litigation, if require the hospital to compensate 1 million yuan, it nearly needs 10,000 yuan to prosecute the fee. "Another sum of large expenses is the agency fee of the lawyer. " Li ZhyuanYan says, the medical lawsuit is different from the ordinary civil case, only open a court session on up to 10- 20 times, the lawyer is troubled time consumingly, the expenses are not low naturally. Charge yuan of foundations, handle a case fee first generally, and then according to number that patient is pay for finally, deduct a percentage agency fee. "There is at least about 10,000 yuans above-mentioned expenditure, subsistence charge that also excludes going to court, transportation expenses, delay work fee,etc.. " Li ZhyuanYan says, though financial difficulties person can ask for law aid, the high cost of the medical lawsuit, let a lot of want to go to court the person who demands statement hangs back. 3 is compensated less than satisfactorily - -The sentencing to having a strange phenomenon to pay for of medical lawsuit of some: Compensation to belong to malpractice little, not belonging to malpractice much compensation instead [Ms. Wang who nourishes twins produced case ] for hour in hospital, the eldest grew out, but the second fails before being carrying out. Whole family The hospital tells to the court. Because midwife doctor's misoperation through investigating, the second dies. The child should be the longitudinal body posture in the uterus, after the eldest is given birth to, doctors have not fixed the second's seat well in time, cause the originally vertical second to be horizontal in the uterus quickly, the result can not be grown out really. Too held up in in the parent long, result in suffocating and dying. Though the malpractice expert's conclusion of medical association of Jiangsu Province indicates, the hospital bears ultimate liability, but suffered from the siding gets the judging and compensating gold, divided by the attorney fee of 20,000 yuan of 60,000 yuan only from the court, there is not much left. Having no choice, plaintiff lawyer determines holding the malpractice that goes to Ministry of Health and public security department to " demand the statement " ,In this kind finally " Abnormal " The means is forced and laid, the hospital just sits down with family members to discuss, have compensated 160,000 yuan. In the actual life, to decide, pay for, store a strange phenomenon in some medical lawsuit: Compensation to belong to malpractice little, not belonging to malpractice much compensation instead. Professor of the People's University of China law school Li Yang point out this " whether difference treat " suitable to apply law, newly Consequence that the policy causes. According to the relevant regulation of the Supreme People's Court, confirm the standard time of personal compensation for damage that the medical organization causes, " difference " Applicable to relevant laws: Ones that are identified as the malpractice, are applicable to " medical crash handling regulations " (hereafter referred to as " regulations ") directly Judge and compensate; If does not form the malpractice, or not applied for the malpractice to appraise, and the case prosecuted with the fault of infringing or medical of medical treatment directly, applicable to the Supreme People's Court " explanation on hearing several questions of case applicable law of personal compensation for damage " ' Hereafter referred to as " explaining ") . However, the compensation standard of the two has a long way to go. The malpractice that " regulations " issued on April 4, 2001 cause to the medical fault is damaged, the compensation standard stipulated is relatively low, by protecting the medical organization with certain welfare property. The Supreme People's Court issued on December 26, 2003 " explained ", the compensation standard was far higher than the former. Then, the medical compensation for accident appears in the judicial practice relatively low, compensate for higher unjust phenomenon instead in lighter other medical disputes that damage. Yang Li's new introduction, in order to protect the legitimate rights and interests of injured patient and close relative, in recent years, the regulation of The Beijing Higher People�� s Court is " adjusted appropriately" Policy,namely whether for malpractice compensation for damage, it if covered by " the regulations " can't last patient that the legitimate rights and interests the fixed standard, adjust appropriately, the general standard of applicable personal compensation for damage. January of 2008, the court of Fengtai district of Beijing, according to " adjusts appropriately " Policy,last judgement about a malpractice of compensation for damages case, it is get more damages of more than 200,000 yuan not to last patients injured. In addition, in the current law of our country, the standard of compensation for spiritual damages is still relatively low, the standard of Beijing is to damage the wounded or disabled grade according to life, compensate for 5000- 8000 yuan each grade, it is 100,000 yuan to bind. And the compensation for spiritual damages of a lot of foreign countries is higher than the personal compensation for damage.


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