How to identify the medical accident of the death of the parturient in the morning and the afternoon in Yiwu
4hw.org: there are more and more medical disputes, and the relationship between doctors and patients is becoming more and more tense. What is the relationship between doctors and medical institutions in hospitals? How many legal provisions do you know about medical treatment?
With the increase of people's attention to health, many people are willing to choose to go to the hospital to see a doctor and get medicine, but the number of medical institutions is far less than the number of patients, and some medical institutions do not take patients seriously, which leads to various disputes and even medical disturbances. But sometimes the sad outcome is not caused by the fault of medical institutions. I hope that patients and their families can distinguish accidents from accidents, and also hope that medical institutions are always people-oriented.
Parturient gives birth to two babies: in the morning, mother and child are safe, and in the afternoon, only child is left
Yiwu's master Lou told the reporter "1818 golden eye" that his daughter gave birth to a second child on the morning of the 4th, but the family was happy for a short time, and then there was bad news At 10:39, the mother and son reported that they were safe. As a result, by six or seven o'clock, the hospital told us that our daughter was dead.
The reporter contacted him by telephone, and he explained: 'our operation procedures are all standardized, and doctors follow the regulations when they operate. The specific results have not yet come out, the family members are not very cooperative, and the cause of death is still under negotiation. The specific cause of death, we can not be determined, need to do further identification to know. '
Giving birth to a child is equivalent to going through a devil's gate. What we can do is to let the dead rest in peace. But for the living, we should give them a fair saying, whether the situation of the mother is a medical accident or a medical accident? This needs to be distinguished by the manifestation and constituent elements of the two.
Manifestation of medical accident:
Medical accident refers to the unforeseen and preventable adverse consequences in the process of diagnosis, treatment and nursing due to the special condition or constitution of patients. That is to say, although there are serious consequences of patients' dysfunction in the diagnosis, treatment and nursing work, the occurrence of these adverse consequences is not directly caused by the behavior or technical fault of medical staff, but because of the unforeseen consequences of medical staff, Or it is inevitable according to the actual situation.
The occurrence of medical accidents is not caused by medical negligence of medical staff, but by the combination of physical changes of patients and special diseases. This kind of medical accidents can not be foreseen and avoided by medical staff and modern medical science and technology. The medical disputes caused by medical accidents are mainly that the patients and their families can't accept and understand the unexpected pathological changes and the adverse consequences, which are often mistaken for the medical negligence of the medical staff or the correct treatment measures of the medical staff as the root of inducing the medical accidents.
In the diagnosis and treatment of nursing work, although there are adverse consequences of patients' death, disability, tissue and organ damage leading to dysfunction, but these adverse consequences are caused by irresistible or unforeseen reasons. The medical staff are not responsible for this.
Specific forms of accidents include:
1. The patient is critically ill and in urgent need of operation. The operation is correct, but the patient dies during the operation or has serious sequelae after the operation.
2. Drug allergy test is a normal or unspecified drug that causes allergic reaction.
3. The patient has sudden embolism, sudden death and other accidents in the diagnosis and treatment process, so it is too late to rescue.
4. The patient is of specific constitution, although known before or found after operation, but it is difficult to solve by current medical technology and has adverse consequences.
5. Before the application of new technology and new drugs, sufficient technical preparation has been made, the system of asking for instructions and reporting has been implemented, the situation has been explained to the family members of the patients and their signatures and consent have been obtained, and accidents still occur.
6. The repaired medical devices fail suddenly or the temporary power failure affects the normal operation in the operation process, and still lead to the adverse consequences after taking remedial measures actively.
In the case of medical accident, because the consequence of damage is the combination of the patient's own physical reasons and special diseases, but according to the situation at that time, the medical staff could not expect the adverse consequences of death, disability or dysfunction of the patient, and there is no direct causal relationship between the behavior of the medical staff and the result of damage. Therefore, the medical accident does not belong to the medical damage, and the medical institutions do not bear the responsibility of compensation.
Elements of medical accidents:
The family members of the patients think that the situation is a medical accident, while the hospital thinks it is a medical accident, which is the key to the dispute, and also the basis to determine whether the hospital needs compensation. Therefore, it is necessary for both the family members and the hospital to understand the elements of the medical accident so as to judge the responsibility. Its elements mainly include the following aspects:
1. The main body is medical institutions and medical personnel
The medical institutions here are those that have obtained the practice license of medical institutions in accordance with the regulations on the administration of medical institutions issued by the State Council. Medical personnel refer to the medical and health professionals who have obtained the qualification of practice according to law, such as doctors and nurses. Medical accidents happen in the medical activities of medical institutions and their medical staff in legal medical institutions.
2. Medical behaviors are illegal
The occurrence of medical accidents is due to the violation of corresponding regulations by medical institutions and medical personnel, including medical and health management laws, administrative regulations, departmental rules, diagnosis and treatment and nursing norms, routines, etc. For example, the law on practicing doctors, the law on the prevention and control of infectious diseases, the measures for the implementation of the law on the prevention and control of infectious diseases, the law on maternal and infant health care, the law on blood donation, the law on the prevention and control of occupational diseases, the law on drug administration, the measures for the administration of psychotropic substances, the measures for the administration of narcotic drugs, the regulations on the administration of blood products and the regulations on the administration of medical institutions And so on. From the perspective of medical practice, the most commonly used and direct is the regulations, diagnosis and treatment and nursing norms and routines of health departments on medical institutions and medical behavior management.
3. Consequences of personal injury caused by negligence
In the course of medical activities, medical institutions and medical staff, due to carelessness or overconfidence, violate the laws, administrative regulations, departmental rules and regulations of medical and health management, as well as the norms and routines of diagnosis, treatment and nursing, resulting in different degrees of damage to patients. According to the degree of different damage consequences, it can be divided into different levels of medical accidents. Here we should pay attention to two points: first, the medical staff did not hurt the patient's subjective intention; second, it caused actual damage to the patient.
4. There is a causal relationship between the negligent act and the consequence of damage
Medical accidents must be the negligence of medical institutions or medical personnel, resulting in damage consequences. If the damage result is not caused by the negligence of medical institutions or medical personnel, it cannot be included in the medical accident. In practice, it is not easy to determine the causal relationship between the negligent act and the damage result. It is mainly because of the complexity and dynamic change of patients' condition, the limitations and unpredictability of current medical science, and the influence of some new technologies and products on patients that need to be further studied. Therefore, it is difficult to determine the causal relationship between negligence and damage consequences in practice.
Even with the development of science and technology, there are inevitable risks in the treatment. When the risks occur, there may be medical accidents. At this time, the victims' families should not choose the way of medical trouble to solve, but should collect evidence in time to ensure their own interests are not infringed again.