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It's very simple, find some medical malpractice or something like that over there, and you'll understand... Add some of your own words, say it's your own experience, and then send some emotion... And then there was no more.
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It's so miserable, I haven't written it yet
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It's okay, it's average, and it's not easy to make up words?
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Are you a student of Hunan University of Traditional Chinese Medicine? I'm worried, too.
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Health and health law. refers to legal documents formulated and promulgated by the National People's Congress and its Standing Committee. At present, the laws passed by the Standing Committee of the National People's Congress include: "Food Sanitation Law of the People's Republic of China", "Drug Administration Law of the People's Republic of China", etc.
Administrative Regulations. Refers to the normative documents formulated and promulgated by the highest administrative organ of the state, namely ***. Some administrative regulations are directly issued in the name of ***, such as the "Regulations on the Administration of Medical Institutions", "Regulations on the Administration of Blood Products", etc.
Departmental regulations. It refers to a normative document with legal effect formulated and promulgated by the Ministry of Health or jointly formulated and issued by the Ministry of Health and relevant ministries, commissions, offices and bureaus. These documents are valid nationwide and have lower effect than laws and regulations, such as the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions and the Regulations on the Work of National Hospitals.
Medical institutions and medical personnel are also required to comply with the standards of diagnosis and care, and the standards of routine diagnosis and care. Routine is based on the principle of safeguarding citizens' right to health, and on the basis of summarizing previous scientific and technological achievements, the definition of medical processes and the specifications or guidelines of the applied technologies. It is usually divided into two senses: broad and narrow.
Health care facilities and medical personnel must also adhere to professional ethics. On December 15, 1988, the Code of Medical Ethics for Medical Personnel and Implementation Measures for Medical Personnel stipulates the professional ethics of physicians. On January 25, 1997, the "Decision of the Communist Party of China on Health Reform and Development" also proposed that medical personnel should establish the industry trend of "saving lives and helping the wounded, being loyal to their duties, loving their jobs, full of enthusiasm, pioneering and enterprising, striving for excellence, willing to dedicate and practicing medicine in a civilized manner".
The Law of the People's Republic of China on Medical Practitioners clearly states in the general provisions that "physicians shall have good professional ethics and medical practice standards, carry forward the humanitarian spirit, and perform the sacred duties of preventing and curing diseases, saving lives and helping the wounded, and protecting people's health." In fact, this requirement does not only apply to physicians, but all medical personnel should follow this principle.
At the same time, medical institutions shall conduct medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment and nursing norms, routine training and professional ethics education for medical services for their medical staff.
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Right doctor's, ahhahahahahahaha
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I'm still looking for a handshake.
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Need you, q me, we can.
Original writing, official website support.
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Generally, it is sufficient to understand the provisions of Chapter 7 of the Tort Liability Law.
Chapter VII Liability for Medical Damages.
Article 54: Where patients suffer harm in the course of diagnosis and treatment, and the medical establishment and its medical staff are at fault, the medical establishment is to bear the responsibility for compensation.
Article 55: Medical personnel shall explain the patient's condition and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special medical treatments, medical personnel shall promptly explain to the patient the medical risks, alternative medical treatment options, and other circumstances, and obtain their written consent; Where it is not appropriate to explain to the patient, it shall be explained to the patient's close relatives and their written consent shall be obtained.
Where medical personnel fail to fulfill the obligations in the preceding paragraph and cause harm to patients, the medical establishments shall bear responsibility for compensation.
Article 56: Where it is not possible to obtain the opinions of patients or their close relatives due to emergency situations such as rescuing patients who are dying, corresponding medical measures may be immediately implemented with the approval of the responsible person for the medical establishment or the authorized responsible person.
Article 57: Where medical personnel fail to perform their diagnosis and treatment obligations corresponding to the level of medical care at the time, causing harm to patients, the medical establishment shall bear responsibility for compensation.
Article 58: Where a patient suffers damage due to any of the following circumstances, the medical institution is presumed to be at fault:
1) Violating laws, administrative regulations, rules, and other provisions related to diagnosis and treatment norms;
2) Concealing or refusing to provide medical records related to the dispute;
3) Falsifying, altering, or destroying medical records.
Article 59: If a patient suffers damage due to defects in medicines, disinfectants, or medical devices, or transfusion of substandard blood, the patient may request compensation from the manufacturer or blood supply institution, or from a medical institution. If the patient requests compensation from a medical institution, the medical institution has the right to recover compensation from the responsible producer or blood supply institution after compensation.
Article 60: Medical institutions shall not be liable for compensation due to any of the following circumstances if a patient suffers damages:
1) The patient or his close relatives do not cooperate with the medical establishment to conduct diagnosis and treatment that meets the standards of diagnosis and treatment;
2) Medical personnel have fulfilled their obligation to provide reasonable diagnosis and treatment in emergency situations such as rescuing patients who are dying;
3) It is difficult to diagnose and treat due to the level of medical care at the time.
In the circumstances of item (1) of the preceding paragraph, where medical establishments and their medical personnel are also at fault, they shall bear corresponding liability for compensation.
Article 61: Medical establishments and their medical personnel shall, in accordance with regulations, fill out and properly keep medical records such as hospitalization records, doctor's orders, test reports, surgical and anesthesia records, pathological data, nursing records, and medical expenses.
Where patients request access to or reproduction of the medical records provided for in the preceding paragraph, the medical establishments shall provide them.
Article 62: Medical establishments and their medical personnel shall keep patients' privacy confidential. Those who leak a patient's privacy or disclose their medical records without the patient's consent, causing harm to the patient, shall bear tort liability.
Article 63: Medical establishments and their medical personnel must not conduct unnecessary examinations in violation of diagnosis and treatment norms.
Article 64: The lawful rights and interests of medical establishments and their medical personnel are 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.
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1. Medical dispute refers to the situation that occurs in medical and health, preventive health care, medical cosmetology and other legally qualified medical enterprises or institutions, where one (or more) parties believe that the other party (or parties) are negligent in providing medical services or performing statutory obligations and contractual obligations, resulting in actual damage consequences, and shall bear liability for breach of contract or tort liability, but the two (or more) parties have different understandings of the facts in dispute, dispute with each other, and have their own opinions.
2. Medical disputes in a broad sense include civil disputes (civil compensation, etc.), administrative disputes (administrative penalties, etc.), and criminal liability (medical malpractice, etc.) between doctors and patients.
3. Causes of medical disputes:
1) Medical disputes are usually caused by medical negligence and negligence. Medical negligence is a mistake made by a medical staff in the process of diagnosing care. Medical negligence refers to the fault of medical personnel in medical activities such as diagnosis and care.
These faults often lead to dissatisfaction or harm to patients, which can lead to medical disputes.
2) In addition to medical disputes caused by medical negligence and negligence, sometimes there is no negligence or mistake on the part of the doctor in medical activities, but only due to the patient's unilateral dissatisfaction. Such disputes can be caused by the patient's lack of basic medical knowledge, lack of understanding of the correct medical treatment, the natural outcome of the disease and the inevitable complications and accidents in medical care, or it can be caused by the patient's unreasonable blame. It is also known as a medical tort dispute, that is, a dispute between the provider and the recipient of medical services over whether the medical act and its consequences are tortious and tort liability.
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