According to reports, on December 13, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes" was promulgated and will take effect on December 14, 2017. There are 26 articles in the Interpretation, which are divided into six parts: the scope of application, the determination of the subject's qualifications, the burden of proof, the appraisal procedure, the responsibility, and the supplementary. According to the judicial interpretation, the following circumstances can be regarded as the inability to obtain the close relatives of the patients as stipulated in Article 56 of the Tort Liability Law: the close relatives are unknown; they cannot be contacted in time due to emergency situations such as dying patients and the inability to obtain patient opinions. To close relatives; close relatives refused to express their opinions; close relatives did not reach an agreement; other circumstances as stipulated by laws and regulations.
According to the report, the person in charge of the research office of the Supreme People's Court introduced that the “Explanation†is based on the detailed provisions on the emergency situation of patients who are dying of life and the inability to obtain the opinions of close relatives of patients. The value orientation of the organization in the emergency rescue of the patient, stipulates that for emergency situations such as dying patients, the patient or his close relatives cannot be obtained, and the medical personnel are approved by the person in charge of the medical institution or the authorized person in charge. If the patient requests the medical institution to assume the liability for compensation according to the corresponding medical measures, the people's court will not support it. Under the above circumstances, the medical institution shall bear the corresponding liability for compensation if the medical institution immediately implements the corresponding medical measures and causes the patient to suffer damage. "This is not only conducive to guiding practical operations, but also conducive to standardizing the behavior of medical institutions. It is also conducive to ensuring that patients are treated in a timely manner in emergency situations such as dying, and safeguarding their rights to life and health," said the head of the Research Office of the Supreme People's Court.
Under what circumstances is the hospital looking for a family member to sign?
The first thing to be certain is that the patient's signature system is to allow patients to fully enjoy the right to know, to choose and to agree, and to respect the rights of patients. Don't trigger a crisis of trust in the doctor because of misunderstanding of the signature, and delay the patient's condition. In general, hospital signatures are divided into four categories.
1. Surgical consent. Before the operation, the doctors are looking for patients or family members to talk about the necessity of surgery and the possible consequences of the operation. One is to let the patient know about the operation, and the other is to solicit the patient's opinion on the operation and respect the patient. The right to choose. This is also what the relevant departments of our country have clearly stated and must be done by doctors. Therefore, in this case, it should be signed immediately, especially for some urgent operations. It is necessary to know that the doctor is also for the patient. If you do not sign, it will only delay the illness.
2. Anesthesia consent form. It is closely linked to the surgical consent form. Qu Yuan, Department of Anesthesiology, Peking University First Hospital, pointed out that due to individual differences and different diseases, each person's tolerance and response to anesthesia are different. There may be accidents during anesthesia. As with the surgical consent form, patients and their families There should also be a right to know about this. However, under normal circumstances, there will be no problems with the medical technology of regular large hospitals, and there should be no excessive scruples.
3. Blood transfusion treatment consent form. It refers to the doctor should inform the patient or his family about the purpose of blood transfusion, possible transfusion reaction, etc. before performing blood transfusion therapy on the patient.
4. Special examination and special treatment consent form. The meaning of special examination and treatment includes: 1. This type of examination or treatment is experimental in nature and has not been applied to the clinic on a large scale. 2. A higher-cost inspection item or treatment will impose an economic burden on the patient. 3. This type of examination or treatment is more dangerous.
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