\"Medical alarm into the punishment\" to improve the doctor-patient relationship from the spirit of rule of law

And September 02, 2015

Source: People's Daily online - health channel

People's Beijing on September 2 (Wang Yupeng) recently, the \"medical alarm into the punishment\" passed by formal news attention, its can thoroughly improve the doctor-patient relationship is hotly debated. Justice, chairman of China physicians association, and director of Deng Lijiang thinks, to maintaining the order of medical level rises to the criminal law, is beneficial to strengthen the atmosphere of law-abiding, alleviate the doctor-patient conflicts. At the same time, to establish doctor-patient trust relation fundamentally, need more departments to strictly implement the law, and the doctor groups of self-discipline and health care undertakings for the solution of the \"medical care\".

On August 29, twelfth session of the standing committee of the National People's Congress adopted an amendment to the criminal law the 16th meeting voting (9), paragraph 1 of article two hundred and ninety of criminal law is revised as follows: \"organizing a mob to disturb social order, if the circumstances are serious, cause work, production, business and teaching, scientific research, medical treatment to, causing serious losses, the ringleaders, shall be sentenced to imprisonment of not more than three years but not more than seven years; the other to actively take part in, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.\" This means that it adopted \"d make punishment\".

In recent years, the wreath, hanging banners, blocking gate, and even to hurt \"medical alarm\" phenomenon, not only affects the normal medical order, and also threatens the personal safety of medical staff and patients. \"This will\" medical alarm \"punishment, reflects the government in maintaining the medical order determination.\" Deng Lijiang said, \"part of the\" medical alarm \"worry about medical disputes through litigation against him, want to rely on trouble from the hospital gain more economic compensation, this kind of behavior if the social tolerance, it is easy to follow, even let 'professional medical make this group to expand, so' construction of China's rule of law will become meaningless.\"

In recent years, the ministry of public security, national health development planning commission joint mandate for many times, trying to contain \"medical alarm\" phenomenon. In April last year, the supreme people's court in conjunction with the supreme people's procuratorate, ministry of public security, justice, and state of health and family planning commission jointly formulated the \"about involved medical illegal crime must be punished in accordance with the law to maintain normal medical order opinion\", \"medical alarm\" phenomenon in the prohibition still. \"Previous notice, comments just department normative documents, legal level is low, weak effectiveness. The governance\" medical alarm \"rise to the level of criminal law, specific handle affairs personnel in dealing with the medical alarm events, the criterions for the conviction of clear guidance law, there is no fuzzy zone.\" Deng Lijiang said.

In terms of the doctor-patient relationship, Deng Lijiang believes that \"medical alarm\" behavior of the destructive force of the \"doctor-patient trust\" is very large. \"The destruction of the hospital trust relationship, or even\" medical alarm \", frequent injury medical events, will let the doctor a party for fear of their lives and defensive medical behavior, namely choose conservative treatment, no longer willing to for the cure of 1% 99% of the risk. The \"d make punishment\" to destroy the bad behavior of doctor-patient trust relationship deterrent force, play a promoting effect on the improvement of the doctor-patient relationship.\" Deng Lijiang said.

Deng Lijiang stressed that the lawsuit way to solve doctor-patient dispute can walk normal, patients' rights and interests are harmed, is not \"shrugged off\" - the people's mediation, the medical dispute administrative processing and medical disputes way of civil litigation is smooth, civil dispute and lawsuit system and the identification of civil liability system in protecting patients without obvious flaw.

At the same time, the establishment of doctor-patient trust relationship, not only is the stem of the medicine, but also regulate the behavior of the prescriptions of. \"It is very important to the doctor's self-discipline, to heal the wounded and rescue the dying profession requires the doctor group has the compassion, is not indifferent people. Industry group in terms of regulating the behavior of the doctor's practice will also play a watchdog role.\" Deng Lijiang said.

In addition, Deng Lijiang supplement, behind the medical disputes has a profound contradiction root, one obvious aspect is the unreasonable process, \"grass-roots hospitals not give full play to the role, and the city big hospitals are crowded every day. The patient in a big hospital clinic experience is not good, waiting for 30 minutes, the doctor just 3 minutes.\" Urgently to be solved in the present, he said, is to establish a reasonable and orderly process, alleviate people \"medical care\".