The Study of the Relationship between Medical Inform and Medical Dispute
In past years, along with our country medical service system reform speeding up, especially after the innovation of state economy organization, various of economic relationship change a lot, the physician-patient rights and interests is incompletely decided. It has further strengthened the people concept of law, the trouble of medical dispute is increased seriously. In the medical health profession, physician-patient relationship is the most basic relationship in medical treatment, its quality relates the medical treatment by physician、the rights of patient and the development of our country medical enterprise. At present, the levels of science technology development and economy development is not high in our country, and the development in our country is not extremely balanced, the resources of medical disposition is quite difference in region. Therefore, the harmonious physician-patient relationship is very important, it can protect medical treatment. The author analyzes the evolution of physician-patient relation patterns, the tradition physician-patient relationship based on“the duty”is replaced by the modern medicine pattern special contractual relationship based on“the right and duty”. Then the author explains the present situation and the characteristic of medical dispute:The quantity of medical dispute has the trend of escalation, legal utilization disorder, processing complex, claims be big, and the non-technical factor is the main factor. The“transformation”phenomenon of medicine science development and the idealized anticipation caused the medical dispute inevitably to be occurred. By the development regulation, the dispute occurrence is the mutually affects by the initial sending reason (objective factor) and the induce reason (subjective factor); By the main body of physician-patient relationship, the medical personnel aspect factor is the most main contradiction. To study medical inform under the scene which evolves to the physician-patient relationship pattern, as a result, the informing question is the medical dispute main reason, including unstandard information, the separation between inform and consent, the difference opinions and the insufficiency understanding of patients, the understand inferiorly both sides, not fulfilled informs to be able to make the medicinal prescription risk to increase, but the standard, truthfully fulfilled informs to be possible obviously to reduce the risk of medical dispute; exploring the informs′history and the system law informs, by the jurisprudence basic principle, analysis the medical informs behavior, obtains that the medical inform is the citizen authority realization foundation, it can balance the physician-patient information, anti-actually medical service abuse of authority; its essence is maintains the patient consent right、the inform right、the selection right, its goal is strengthens the medical trouble communication, the improvement physician-patient relationship. Combining elements theory and management theory, to find the best point of preventing dispute and medical informs. Through the improvement of the mechanism, the main decision-making scientific finds, the main decision-making freedom decides, strengthen education theory and practice of inform. We should consider not only the usual practice and industry standards but also the individual difference and subjective dimensions.To achieve the full understanding of the information, the doctor should provide the patients with enough information needed for the medical decisions, which should be in an accepted way so that the patients could understand it easily. In the test of competency, unlike the civil capacity, the understanding ability and the maturity should be considered. Patients’consent should be voluntary. The consent, including expressional and implied consent, general1y can be withdrawn or exempted exceptionally, but the right should be applied carefully. Only ensure this process that the medical subjectivity and objectivity, truth and security, abstract and substance, stable and changing, meanwhile, institutional building and strengthening supervision, and improve the informed consent form and content, keep data collection. The medical inform function protecting medical patients’rights and improving physician-patient relationship can be achieved. Medical inform is always along with medical clinic, medical institutions should pay a great attention to inform. To fulfill the medical inform obligation seriously not only can improve the quality of health care services and physician-patient relationship but also reduce medical disputes, to avoid the legal consequences of this misconduct, while ensure the healthy development of chinese public health.
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