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What happens if a patient is denied admission due to financial problems? In our work, we often encounter such patients' families, who send patients to the hospital, for various reasons, refuse to transfer, refuse to sign, and refuse to be discharged, claiming that "death will also die in your hospital", it is very tricky to deal with this kind of thing, this article analyzes and sorts it out for your reference.
1. Cause analysis.
This situation mainly occurs when the patient is incapacitated for civil conduct or in a coma and the condition is serious, the patient himself cannot directly control his or her right to life and health, and the patient's family members for various reasons (mainly elderly patients, excessive economic burden; Indifference between children, mutual blame, etc.), ignoring the patient's life, and not wanting to bear the moral infamy, is the situation of letting the patient wait for death in the hospital.
In short, they ignore the patient's life and health at this time, but the hospital cannot let it go, because if the patient's life and health are really harmed by the hospital, the family will show an attitude of attaching great importance to the patient and make a big fuss about the hospital.
Second, the treatment measures.
First of all, the hospital should fulfill a reasonable duty of care to the patient, take necessary treatment measures, even if the patient's family does not pay, the primary guarantee is to try not to die in the hospital, to ensure that the patient is hospitalized during the diagnosis and treatment process error-free.
Secondly, the patient's family should be informed of the patient's condition in a timely manner and the informed consent form should be signed.
If they refuse to sign, make audio and video recordings when necessary, and make ** records.
Third, if the patient's condition is stable and not life-threatening, the patient can be discharged automatically. This is because from the perspective of contract law, there is a medical service contract between the patient and the hospital, and the medical service contract should be subject to the entrustment contract.
provisions. In accordance with the Contract Act
Article 410 provides that the principal or the trustee may terminate the entrustment contract at any time. If the other party suffers losses as a result of the termination of the contract, the losses shall be compensated except for reasons not attributable to the party. However, due to the high degree of specialization in medical treatment activities and the high degree of personal trust in medical contracts, there are special features in determining whether or not a medical service contract has been fulfilled.
It is mainly manifested in the fact that medical institutions have the right to make judgments based on their own professional judgment on whether the ** is over and whether they can be discharged. In other words, as long as the hospital issues a discharge notice, regardless of whether the patient agrees to it, the medical service contract has been terminated (terminated after performance or unilaterally terminated). Of course, if the hospital mistakenly discharges the patient and causes injury to the patient, it shall be liable for compensation.
At the same time as going through the discharge procedures, you can contact the local civil affairs department and hand it over to the civil affairs department for processing.
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Persuade him well and tell him that money is something outside of the body, and that physical health is the most important thing. Even if there is a problem in the economy, you have to cure the illness if you owe debts, and when the disease is cured, you can make money to pay off the debts slowly. In short, as long as you are alive, life has meaning.
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Then you can only inform the patient of the risk, and the risk is borne by yourself. There is no way, the hospital really can't afford to go now. Tens of thousands of dollars at every turn. It's really not something that ordinary people can go to.
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Listen to the sick or the living and the dead will be uncomfortable.
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Legal analysis: The doctor has no right to stop it, but can only advise the family, inform the details of the condition, let them know that the discharge criteria are not met, and the related risks of early discharge, it is recommended to continue to be hospitalized ** or transferred to a first-level hospital for diagnosis and treatment, if there is still a strong request to be discharged, then write a good record of the conversation, write down: what was admitted to the hospital, the current diagnosis, the main **, the current outcome, and the indications that further ** are still needed.
Legal basis: Civil Code of the People's Republic of China
Article 1219: Medical personnel shall explain the patient's illness and medical measures during diagnosis and treatment activities. Where it is necessary to carry out surgery, special examinations, or special medical procedures, medical personnel shall promptly explain to patients specific medical risks, alternative medical treatment options, and other circumstances, and obtain their explicit consent; Where it is not possible or appropriate to explain it to the patient, it shall be explained to the patient's close relatives and their explicit 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 1220: Where it is not possible to obtain the opinions of patients or their close relatives due to emergency situations such as rescuing patients whose lives are in danger, corresponding medical measures may be immediately implemented with the approval of the person in charge of the medical establishment or the person in charge authorized by them.
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The patient has the right to refuse to be discharged from the hospital. The injured person can not be discharged from the hospital, but the injured person will bear the medical expenses incurred by the medical treatment. The current Punshen hospital pays attention to the bed turnover rate, which is convenient for patients who need to be admitted to the hospital in time**, so if the doctor thinks that a patient has not recovered, but going home to recuperate, the effect of being in the hospital can be achieved, and there is no need for more**, the patient can be discharged.
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Summary. Hello! Kiss. Of course, patients have their own rights to be discharged from the hospital and the length of their stay is subject to their own wishes.
Hello! Kiss. Of course, patients have their own rights to be discharged from the hospital and the length of their stay is subject to their own wishes.
The hospital said that it could not be cured, but it had already said that the hospital was not responsible, could it continue to be hospitalized, and was it illegal if it was forced to be discharged.
According to the provisions of the "Regulations on the Management of Medical Records of Medical Institutions", patients can apply for discharge after appraising and diagnosing, ** plan, and examination results, but if the medical institution believes that burying the hospital will endanger the life and health of the patient, it has no right to refuse.
It's definitely not illegal, just sign a discharge agreement.
Isn't it illegal to be forced to be discharged from a hospital? Is it okay for a patient to want to stay in the hospital?
Yes! You can stay as long as you want. Hospitals certainly cannot force discharge, and enforcement is illegal.
If the hospital says that the treatment is not good, is it illegal to let the hospital be discharged?
This is not illegal and allows the hospital to pay the amount at its discretion.
If you can't be treated well in the hospital, you can't waste money and energy in **, the hospital forces you to be discharged from the hospital, which is illegal, as long as you are not driven away, it is considered a normal operation.
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