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As a medical student, it really warms my heart to see your question. Nowadays, there are too many misunderstandings and unfair evaluations of the profession of doctors, and I think it is not easy for someone to understand and support doctors at this time. Your ability to understand and put yourself in the doctor's shoes when they are at fault is in itself a great comfort and encouragement to medical workers.
I remember that at the white coat awarding ceremony of our school, the dean of our medical school said that even though the industry is now criticized, history will return our innocence! I think the reason why this doctor feels so guilty is that on the one hand, he is sorry for the trouble he has caused you, and on the other hand, he may also be worried about the negative consequences. This is caused not only by the medical behavior between you and him, but also by the social problem of the doctor-patient relationship.
After all, as a doctor, he doesn't want to make a bad impression of the profession at a time when the doctor-patient relationship is so strained. Therefore, when they make mistakes, they blame themselves so much, and even if they get the patient's forgiveness, they cannot let go, which shows that the attitude of society towards doctors will also affect the medical behavior of doctors and the daily life of doctors. On a personal level, I believe that all doctors hope to alleviate the pain of patients through their own efforts, and this doctor will definitely blame himself personally for completing a new pain for you because of his mistake when he **.
Therefore, while expressing your understanding of his mistakes, you can emphasize that his ** has greatly alleviated your previous pain, and that oral mucosal infections are easier to heal than previous oral diseases, so as to let this doctor relieve his self-blame and guilt. You can also joke, "After this experience, you will definitely become more and more skilled in becoming a good doctor in the future." After this mistake, there will definitely be no patient in the same situation again.
I'm also contributing to the development of medicine", and it might be more effective to laugh it off. <>
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I almost burst into tears when I saw this question, really. Just now, half an hour ago, I broke the needle in the patient's tooth while I was treating the tooth. And the patient is a leader, fortunately, it is easy to take it out, and the patient is completely unaware of the bitterness.
I'm sorry for my teacher, a needle is more than 900 yuan, and she comforted me and said that it was okay. But in my heart, the shadow has been formed, and it is the first time that I have been practicing medicine for so long, and fortunately there is no impact and consequences. The mood is very heavy.
See this question, really. In fact, as long as you can make up for your mistakes, the doctor will feel better. But the taste in my heart really has to be adjusted by myself, it's too heavy.
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Leaders, the family will be to the death of the negligent doctor. China is a moral society, and all people use morality to spur others instead of restraining themselves.
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If my dentist admits negligence, I will not pursue it. 1. The content of the medical record is completely unstraightforward and incomplete. 2. The city appraisal does not review the materials, and 3. The judge violates the trial record. If you don't admit it, I won't mediate. See how you guys end.
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Medical malpractice is more serious.
Medical malpractice is:
It refers to the violation of the laws and administrative regulations on the health management of medical institutions and their medical personnel in medical activities.
Departmental rules and medical and nursing norms, routines, accidents that cause personal injury to patients by negligence.
The medical error is:
It refers to a medical dispute in which the medical staff is indeed negligent in the process of diagnosis and treatment, but the medical dispute has not caused serious consequences to the patient or has not caused any consequences after timely correction.
The consequences of medical malpractice must reach a certain degree of severity, such as disability, disability, and dysfunction caused by tissue and organ damage, and medical negligence that does not reach the level of the accident should be recognized as medical error. In other words, the characteristics of medical error and medical malpractice are basically the same, and the only difference between the two is the difference in the degree of damage.
How to deal with medical malpractice.
There are three ways to deal with medical malpractice:
1) The doctor and the patient negotiate and settle the problem by themselves;
2) Health administration.
Handling: After the occurrence of a medical accident, the parties concerned may apply to the health administrative department for handling, in accordance with the "Regulations on the Handling of Medical Accidents".
If the conditions are stipulated, the health administrative department shall deal with it in a timely manner.
3) Litigation Resolution.
Legal basis: Article 37 of the Regulations on the Handling of Medical Accidents stipulates that in the event of a medical accident dispute, if the party applies to the health administrative department for handling, it shall submit a written application. Application.
The applicant's basic information, relevant facts, specific request and reasons shall be clearly stated.
Within one year from the date on which the parties know or should know that their physical health has been harmed, they may submit an application to the health administrative department for the settlement of medical malpractice disputes.
3. How to collect evidence in the event of a medical dispute.
Due to the difficulty of obtaining evidence in medical disputes, in order to effectively protect their legitimate rights and interests, the patient should pay attention to the following matters in the process of collecting evidence in a timely and effective manner
1. In the event of a medical dispute, the patient should first have the awareness of collecting evidence and should ask the hospital for medical records.
The materials are sealed immediately, and it is best to notarize the sealing process or ask a lawyer to witness it. There is no reason for a medical facility to refuse or delay a patient's legitimate request.
2. If the medical staff need to make up the medical records for the rescue of critically ill patients, the patients have the right to request to be present for supervision during the supplemental period.
3. When copying, sealing and unsealing medical records and other evidence, both the hospital and the patient should be present, and if the blood is sealed and retained, the medical institution should also notify the blood collection and supply institution to send personnel to be present. Remember to copy and seal all materials that can be copied and sealed, and have the medical institution stamp certified.
5. If the case is about to enter or has entered the litigation procedure.
An application for evidence preservation should be made to the court in a timely manner.
or investigation and evidence collection. Because the medical records that patients can copy are limited, and the writing of some medical records in the hospital does not need to be signed and confirmed by the patients, preservation measures can be taken quickly to prevent the medical records from being tampered with.
6. Although the hospital bears the burden of proof in a medical dispute.
However, patients should not wait passively and should try to gather all the evidence in their favor.
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1. The legal basis is different.
The legal basis for the technical appraisal of medical malpractice is the Regulations on the Handling of Medical Accidents implemented in 2002 and seven supporting health regulatory documents, including the Interim Measures for the Technical Appraisal of Medical Accidents, the Grading Standards for Medical Accidents (for Trial Implementation), the List of Discipline Professional Groups of the Medical Accident Technical Appraisal Expert Database, the Measures for the Accreditation of Autopsy Institutions and Professional and Technical Personnel in Medical Malpractice Disputes, the Regulations on the Management of Medical Records of Medical Institutions, the Basic Standards for Medical Record Writing (for Trial Implementation) and the Regulations on the Management of Medical Records of Medical Institutions. Basic Standards for Writing Medical Records of Integrated Traditional Chinese and Western Medicine (Trial), and at the same time refer to the current effective laws, administrative regulations, departmental rules, and diagnosis and treatment nursing norms and routines for the effective health management of Naxi.
The main legal basis for judicial appraisal of medical negligence is the Civil Procedure Law, the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Appraisal, the General Principles of Judicial Appraisal Procedures (for Trial Implementation) of the Ministry of Justice, the Measures for the Registration and Administration of Judicial Appraisal Institutions, the Administrative Measures for Judicial Authenticators, the Provisions on the Classification of Judicial Appraisal Practice, and the National List of Judicial Authenticators and Judicial Authentication Institutions of all provinces, municipalities and regions.
Second, the appraisal procedures are different.
1) Appraisal bodies and evaluators.
Technical appraisals of medical malpractice are to be organized and conducted by medical associations at all levels. Local medical associations at the level of cities divided into districts and counties (cities) under the direct jurisdiction of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for organizing expert appraisal teams to conduct technical appraisals of the first medical accident. The local medical associations of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for organizing the re-appraisal of medical malpractice disputes.
Medical associations are to establish a database of experts, and the database of experts shall set up a discipline group based on the directory of discipline and professional groups.
The judicial appraisal of medical negligence is completed by a qualified judicial appraisal institution. After the forensic appraisal institution accepts the entrustment, the forensic appraisal institution shall designate a forensic appraiser, or the forensic expert shall apply for and obtain the consent of the forensic appraisal institution to complete the entrustment. The same judicial appraisal matter is to be conducted by two or more judicial evaluators, with the first judicial expert bearing primary responsibility for the appraisal conclusions, and the other judicial evaluators bearing secondary responsibility.
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The difference between medical negligence and medical malpractice: Medical malpractice refers to the negligence of medical institutions and their medical personnel in violating medical regulations and causing personal injury to patients in medical activities. Medical negligence refers to the medical behavior of medical personnel who violate relevant medical and health laws and regulations, and are not subjectively intentional but objectively negligent in causing damage to patients.
Regulations on the Prevention and Handling of Medical Disputes
Article 1. In order to prevent and properly handle medical disputes, protect the legitimate rights and interests of both doctors and patients, maintain medical order, and ensure medical safety, these regulations are formulated.
Regulations on the Prevention and Handling of Medical Disputes
Article 2. "Medical disputes" as used in these Regulations refers to disputes between doctors and patients arising from diagnosis and treatment activities.
Regulations on the Prevention and Handling of Medical Disputes
Article 9. Medical establishments and their medical personnel shall be patient-centered in their diagnosis and treatment activities, strengthen humanistic care, strictly abide by medical and health laws, regulations, rules, and relevant norms and routines for diagnosis and treatment, and abide by professional ethics.
Medical institutions should conduct training on medical laws, regulations, rules, and relevant norms and routines for diagnosis and treatment for their medical staff, and strengthen professional ethics education.
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