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Medical institutions and their staff on violations of the right to know the situation of patients


Abstract: Patients increasingly informed society. Right to know the contents of the study patients, violated patient's right to know the circumstances and shall bear the legal responsibility to effectively protect patients for the right to information of great significance.
Keywords: abuse patients; right to know; legal liability; medical

background
Finance Director Kentekubo in January 1945 in a speech. In view of the implementation of the Government Press in World War II caused the public to understand the control of information distortion and unwarranted suspicions between governments, Kubo advocate the use of Right to know the word then gradually spread to the legal profession from the media, and was written into the Constitution and the law. In China, the Constitution and constitutional law does not expressly provided on the right to know, but by citizens of political rights, freedom of expression and right to supervise administrative affairs and the principle of state organs shall give an indirect confirmation. In our legal system, the NPC Standing Committee in 1993 by the 4th meeting of the General view is that the political right, including the right to know, judicial right, social right, the right to know personal information,
a patients right to know the concept and content
right to know the truth, also known as the right to know, understand right, it is based on specific people are entitled to Therefore, the right to know the characteristics of a 具体人格权, privacy and other rights and the same, with independent status, and can fight against other 具体人格权. Specific to health care services, according to September 1, 2002 shall come into force the new accurately inform patients of medical risks, timely answers to their advice; However, patients should avoid adverse consequences. process matters enjoy the right to know the truth.
new Direct right to know is that the Patients have the right to copy or copy medical information on the medical records enjoy the right to health care institutions are obligations. Medical records can be copied, including outpatient, emergency medical records, patient medical records in the blog, body temperature alone, prescription orders, laboratory test and other records of informed consent in patients with the objective of objective medical records. (2) medical practice right to know. Behavior in medical patients about their illness, medical interventions, the right to know the medical risks, medical institutions have this obligation. (3) medical right to know. Patients on medical malpractice,[link widoczny dla zalogowanych], medical negligence and other acts of the right to know, after the discovery of medical communications, explained the obligations.
right to know is that the indirect Patients in the examination, the right to know the fees before treatment in order to make a reasonable choice; the end of treatment, right of access to health care cost breakdown. (2) medical records archive right to know. Medical dispute in the event of the death records of case discussion, to discuss difficult cases recorded, the higher rounds physician records, opinions should be consultation between doctors and patients are the presence of the seal and unsealed. (3) preservation of evidence right to know. Suspected transfusion, blood transfusions, injections, drugs,[link widoczny dla zalogowanych], adverse effects, patients have sealed the scene with the kind of medical agencies, the rights of the common designated inspection agency. (4) Medical Malpractice know. Medical dispute occurs, patients or their families and medical institutions to pool of experts from the Medical Malpractice experts randomly selected group members, may require an expert to avoid identification. (5) autopsy right to know. Death of the autopsy patients, family members of patients who have the right to participate in forensic pathology, please, have the right to send representatives to observe the autopsy process, the right to know the whereabouts of examination the deceased organs. These are patients informed of the extension.
Second, violations of medical institutions and their staff were informed of the situation.
more attention to the protection of modern medical system patients right to know. Medical institutions and their staff, including violations of patient's right to know:
First, patients and their families living in the hospitals are not aware of the following: the patient's general health status, disease status; medical staff on patient health status, the nature and severity of the disease make the diagnosis, analysis and disease trends; possible prognosis and unexpected; the implementation of the need for drug treatment, there are side effects, the nature of drug treatment (or diagnostic test, etc.) , the use of several drug treatment programs and their possible advantages and disadvantages; surgical treatment, including preoperative examination and discussion of diagnosis, surgery scheduled implementation of the name, nature (such as exploratory, therapeutic, etc.) and scope of operation of several possible programs and their respective advantages and disadvantages; do not take the risk of treatment, possible risks, along with the pain and discomfort, the success of other alternative treatments such as the possibility and danger. The contents of the hospital did not provide a detailed introduction, is not conducive to making the right choice for patients with treatment options. Second, the medical staff to provide information to patients, the implementation of the right of informed consent of patients, not to avoid the adverse consequences for patients, as against the patient's right to know.
Third, patients and their families can not get a prescription neat handwriting; not according to prescribed procedures access to their medical records, understand the medical record information; discharge can not be copied or reproduced records, check medical bills, the hospital declined by one specific explanation, these patients have led to violations of the right to know to happen.
new Without a prescription and medical records, To promote paperless hospital clinics pilot, the original prescription was asked directly transferred to the Collection Office entered the computer, print out the details of the collection at the list, including the name of the drug, the amount of receivables, and then to a pharmacy dispensary. Because doctors can not neatly written patient records, so that patients can not read, understand this, no doubt violated the patient's right to know. Medical prescriptions and medical records of patients were informed as the implementation of the two documents, in reality 90% of the doctors do not write neatly, virtually violated the patient's right to know.
three patients the right to know the liability of infringement of civil liability is against
right to know the main legal responsibilities of patients, can be divided into liability and tort liability for breach of contract, in tort liability also includes medical malpractice damages in liability, general tort liability,[link widoczny dla zalogowanych], general tort liability requires only that the spirit in which also covers damage to the spirit and requirements of the general tort liability, physical damage to the general tort liability.
According to China's
liability for breach of contract, the patients to medical institutions, medical services, the two parties to establish a contractual relationship, health care institutions have to provide patients with accurate and timely medical services, contractual obligations, in patients with damage to the institution of breach of contract of the appeal. It is worth emphasizing what the hospital as a medical service industry, providing services for patients,[link widoczny dla zalogowanych], it should provide a major service expenses to perform the obligations to the patient, the patient right to know on the matter and to choose. If the hospital does not fulfill this obligation, the patient can refuse to pay medical fees violated the right to know.
for tort liability for infringement complaint filed more conducive to the interests of the protection of victims, can request compensation for moral damage. If the complaint filed breach of contract, you can not claim compensation for moral damage. In tort liability, such as constitute medical malpractice, in accordance with the Fu (Fu) support for living expenses, transportation, lodging,[link widoczny dla zalogowanych], solatium and other mental damage. Constitutes a general tort liability, shall be in accordance with the in emotional; victims of disability, the compensation disability compensation, disability aids charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, care, follow-up treatment costs, death of the victim should also be compensation for funeral expenses, is dependent for living expenses, death compensation and funeral expenses for relatives of the victims of transportation, lodging and other reasonable expenses such as loss of working time lost.
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