" law of liability for tort " will be implemented next month It belongs to tort that the hospital excessively checks

" law of liability for tort " will be implemented next month It belongs to tort that the hospital excessively checks
News of Jingchu net (the newspaper of city of sky above Hubei and Hunan) (Reporter Liu ChunYan The reporter Chen Liang Intern's yellow Henan Province holds) On July 1, our country " law of liability for tort " will implement. Yesterday, on the legal forum of the liability for tort of Hubei that the bar association of the province sponsored, save Supreme Court the people three Li Zhong,et al., presiding judge of front yard, medical the intersection of dispute and clause go on, understand among them right away.
The hospital has the right to treat and cure promptly
" law of liability for tort " stipulates: Because rescue emergency such as the critically ill patient, can't make patient or his close relative's opinion's, with the approval of person in charge of medical organization or person in charge authorizing it, can implement the corresponding medical measure immediately.
Li Zhong say have difficult labour in the intersection of pregnant woman and beautiful cloud Li that Beijing work as a temporary labourer 2007, critically ill for example, but its husband refuses to sign on the operation form, doctor and nurse are at a loss what to do, pregnant woman's death after 3 hours, " after this law is implemented, can prevent this kind of tragedy from recuring. "
The intern must get the permission of patient to view and emulate
According to " law of liability for tort ", medical organization and medical worker should keep a lid on the patient's personal secrets. Reveal patient's personal secrets or disclose their materials of case history without patient's consent, ones that do harm to patient, should bear the liability for tort.
Zhong Li says frankly, a lot of medical disputes come from patient's personal secrets and reveal the question at present, especially the gynaecology that all parts appear checks the case of making the operation of stream of people and is viewed and emulated collectively by interns by intern's viewing and emulating, unmarried daughter etc., make the patient very angry, even lodge a complaint. "According to this law, if need organizing viewing and emulating, should request for agreement to patient at first. "
Define the compensation for spiritual damages
" law of liability for tort " stipulates: Encroached on others' personal rights and interests, caused others' serious spirit to damage, can ask for the compensation for spiritual damages by the infringer.
It is reported, this is the first time of our country to write the compensation for spiritual damages into the law clearly. Law professional committee's general secretary Fu Jun expresses the medical traffic accident dispute of bar association in the province, before this though Supreme Court has already had " explanation on confirming several questions of responsibility of compensation for spiritual damages civilly and infringing " the most, but its effectiveness is inferior to the law.
Prohibit doing " unnecessary inspection "
This law still stipulates, medical organization and medical worker can't violate and make a diagnosis the norm implements the unnecessary inspection.
Jun Fu explain for example man has taken cold, doctor has made the brain CT for him first, having made the nuclear magnetic resonance also, it is of superior grade to go on the X-ray, color even, check, the conclusion must happen finally, what you got is cold, this is " unnecessary inspection " ,It is the medical treatment that damages infringement.
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