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1.
Chinese Medical Ethics ; (6): 283-290, 2024.
Article in Chinese | WPRIM (Western Pacific) | ID: wpr-1031336

ABSTRACT

This paper analyzed the legal issues existing on the medical side in 20 medical damage cases in obstetrics from January 2020 to June 2022 in China Judgment Documents Network, and hoped to explore the paths that the medical side can use for reference in building a harmonious doctor-patient relationship in the legal context. Firstly, medical institutions should establish rescue evaluation systems and early warning mechanisms for critical pregnancy and maternal, so as to ensure the health and safety of life of pregnant women and newborns, as well as prevent the occurrence of adverse obstetric events. Secondly, strengthening the cultivation of the humanistic quality among obstetric medical practitioners is the basis of the harmonious obstetrical doctor-patient relationship. Thirdly, the training and learning of relevant laws and regulations such as the Civil Code of the People’s Republic of China and the Physician Law of the People’s Republic of China should be strengthened. Fourthly, the patients’ informed consent should be respected, the process and procedures of fulfilling informed consent should be standardized by the systems, and the forms for fulfilling informed consent should be further explored. Fifthly, the medical risk-sharing mechanism should be explored and this paper suggested that postpartum women purchase obstetric accident insurance to reasonably share medical risks. Sixthly, medical social workers should be introduced, doctor-patient communication should be strengthened, and the obstetric risk awareness of the whole society should be enhanced.

3.
Article in Chinese | WPRIM (Western Pacific) | ID: wpr-486949

ABSTRACT

Objectives:The objective of this study is to make suggestions for the internet medical development. Methods:Based on the field survey, this paper analyzes three kinds of internet medical mode in China, and sums up the pros and cons. Results:The internet medical has the ability of technically providing healthcare by internet, and meeting the patients’ essential health care requirements. The problems mainly include health insurance, regional dis-tribution, electronic prescription audit, electronic medical record and safekeeping the record files, operation supervi-sion etc. The corresponding countermeasures include elaborating laws, gradually completing the internet medical and health insurance cooperation, the government’s regional division handling, setting up a special supervision department in the hospitals etc. Conclusion:It is important to clear the internet medical related problems and develop a model which is suitable for healthcare institutions.

4.
Article in Chinese | WPRIM (Western Pacific) | ID: wpr-477507

ABSTRACT

Objective:To understand the current situation about pre-registered medical practitioner's ineligible practice from a legal point of view and provides references forthe Law of Medical Practitioners.Methods:The sur-vey is based on cluster sampling method which centralized the selected large clinical teaching hospitals which have launched the standardized residents training.The research is focused in Beijing and involves three kinds of people in-cluding the pre-registered medical practitioners, clinical teaching teachers and health administrators.The descriptive statistics and the Comparison rates between groups by chi-square test rates were adopted.Meanwhile, the 764 medi-cal malpractice cases from the past three years were analyzed in the Courts of the People of Haidian and the Beijing Chaoyang Districts.Results:The clinical trainees“pre-registration” made illegal situations such as independent vis-its, finding a single worker on duty, independent patient disposal, invasive technology's independent operation, inde-pendently writing the medical records, and the absence of tutors on the supervision sites.All of these mischiefs en-hanced the occurrence of medical disputes.Suggestions: Based on the current situation, it is necessary to establish the legal qualifications for the“pre-registered” trainees engaged in the accredited clinical work legislation, physician qualification examination, and in so many angles.Proposing solutions based on legal issues about “the practitioner guidance” should also be efficient.

5.
Article in Chinese | WPRIM (Western Pacific) | ID: wpr-815207

ABSTRACT

Although medical damage risks really exist, an effective medical risk sharing system is still not available in China right now. By analyzing the status quo of Chinese medical damage risks sharing system, the authors put forward the following suggestions to improve the current system: Upgrading the preventive strategy for medical disputes, establishing multi-level and multi-channel comprehensive medical damage risks sharing system, promoting the effective cooperation between insurance relief systems and mediation system for medical disputes, and constructing highly effective pathways to resolve the medical disputes.


Subject(s)
Humans , China , Dissent and Disputes , Insurance, Liability , Malpractice , Negotiating , Risk Sharing, Financial
6.
Article in Chinese | WPRIM (Western Pacific) | ID: wpr-429448

ABSTRACT

The authors discussed the retention and revision of the Regulations on the Handling of Medical Malpractice following the enforcement of the Tort Liability Law.These discussions also covered the amendment of the concept of medical malpractice,and the reforms to make on the medical malpractice appraisal system built upon the Regulations following the enforcement.In the meantime of applying the Law to judge cases of medical malpractice,the Regulations as an administrative regulations issued by the State Council,should be revised before playing its role in preventing medical malpractice,medical dispute handling,and penalising medical institutions and medical workers of malpractice.

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