In recent years, violent incidents in medical facilities in China have continued, and bloodshed in hospitals has been frequent. According to incomplete statistics, in June this year alone, there were more than 12 cases of wounded medicine in the country, exceeding the total of 2012 (11 cases).

Just last month, in the early morning of July 15, the emergency department of the Beijing People's Liberation Army General Hospital (301 Hospital) was beaten by patients. At about 9:11 am on the same day, Dr. Ou Nei, from the People's Hospital of Longmen County, Huizhou, Guangdong, was injured by a patient and suffered multiple injuries to his back and hands.

A doctor who did not want to be named pointed out that behind the "killing the medical case" is the medical system problem, because domestic hospitals have always had the problem of "difficult to see a doctor and expensive to see a doctor", which has greatly aggravated the contradiction between doctors and patients.

In this regard, the domestic authorities began medical protection measures in 2004.

Judging from the above policies, the domestic masters are linked by police and doctors to control the situation and ensure the safety of doctors. However, the fundamentals of resolving the contradiction between doctors and patients are that the level of medical services at all levels of medical institutions and the channels for patient rights protection are less involved. Even if the power is large, it will only cure the symptoms.

In other countries, the arterial network notes that more is solved by law.

★United States

In the United States, it is also common for patients to be dissatisfied with fee collection and doctor services. There is a difference between the state and state laws. Except for a few states, such as Florida, which do not enforce insurance, almost all states in the United States force doctors to participate in medical liability insurance. When such disputes occur, the paying party is an insurance company, and there is no direct interest relationship between the doctor and the patient. This greatly reduces the chance of medical trouble. This not only reduces the doctor's work risk, but also ensures that the patient's legal rights can receive reasonable compensation.

There are often ethics committees in US hospitals that are responsible for negligent treatment. (Ethics Committee: An organization of medical personnel, legal personnel, and insurance personnel to review the rationality and safety of clinical care to ensure that patients' safety and interests are not violated. Generally, it is a third-party organization that leaves the hospital.) Their involvement can serve to resolve disputes.

Most states in the United States have criminalized assault. The most minor assault doctors will also impose a fine of $1,000 or imprisonment for up to six months. A level 4 or 3 crime will result in a fine of more than $15,000 or imprisonment of three to five years.

So, in a country with a sound law, it is very worthwhile for patients to go directly to the clinic or hospital. It is a common means for patients to claim compensation directly.

★UK

In the United Kingdom, when dealing with medical accidents or medical disputes, they are mainly based on judicial channels, unlike our country, which is mainly administrative. There is no strict liability accident and technical accident in the medical accident, and all rely on the law to determine the nature. When a dispute arises between a patient and a doctor due to medical treatment, the court will decide whether the doctor is at fault. Damages can only be determined by evidence and applicable law, and will not be decided on the basis of the patient's sympathy and suffering.

They optimize their services to prevent problems before they happen, and free services are widely covered. Foreigners who have legally resided in the UK for more than half a year can enjoy free services from public hospitals.

Similarly, the UK also has an ethics committee to deal with medical disputes. If the internal solution is not resolved, the patient can file a complaint. The UK courts have a medical journal that collects medical disputes from around the world for reference by both doctors and patients to resolve disputes. Most doctors and clinics also have medical liability insurance. In the event of an accident, the insurance company will also compensate for some of the losses.

In the UK, as long as you are violent to medical personnel, you will be imprisoned for more than 6 months. If it causes serious injury, it may be sentenced to life imprisonment.

★Germany

The incidence of medical accidents in Germany is very low, which is not unrelated to their rigorous working methods and high-tech levels. There are two modes for solving medical disputes in Germany:

1. Non-litigation medical dispute resolution model

â—‹ Mediation Committee: Conduct an investigation on medical procedures and determine whether the conditions are met.

â—‹ Medical Disputes Appraisal Committee: A pure medical appraisal that only answers questions about treatment errors, does not deal with liability issues, and does not consider the case.

The cooperation between the two provides solutions for both doctors and patients.

●Advantages: Eliminate a large amount of litigation costs; relatively professional identification methods; reduce the condemnation of doctors; swift and fast;

● Disadvantages: Exemption from a large amount of litigation costs; the mediation procedures in each state are not uniform;

2. Legal means

That is, if you are not satisfied with the coordination of the mediation committee, you can directly sue. Doctors and lawyers do not need the plaintiff to find it themselves, and there are special associations responsible for distribution. Once brought to court, German courts are more inclined to patients. The proprietary “inversion of proof” allows the doctor to give evidence so that there is professional evidence.

German hospitals are very inclined to mediate out of court and provide satisfactory services to patients as much as possible. Because once you go to court, the hospital's chances of winning are minimal.

Of course, if the patient does not properly attack or even beat the doctor, the patient is fully responsible.

★Japan

Japan established a medical evaluation agency in 1995 to supervise hospitals to provide quality services to patients, to comprehensively score all hospitals, to pass the certificate of conformity, and to publish the results online. The hospital usually buys insurance for doctors, and many small disputes or accidents can be solved by insurance companies, and will not lead to big disputes.

In Japan, the main ways to resolve medical disputes are: reconciliation between the parties, court settlement, and Japanese physicians' resolution. Unless the parties will take a dialogue to resolve the problem, the latter two methods are generally used to resolve the dispute. Filing a lawsuit in court can generally be resolved by means of judgment, settlement, withdrawal, abandonment, etc., but there are very few medical proceedings.

In recent years, medical dispute litigation has grown rapidly, but the success rate of medical litigation has been low, mainly because the collection of evidence for medical disputes is difficult, the litigation time is long, and the cost is large. In addition, if the defendant is a hospital set up by the state or local government, the settlement needs to be approved by the corresponding parliament, so that mediation outside the court and outside the litigation will become an important way to resolve medical disputes in Japan.

The government asked the hospital to buy "accident insurance" for doctors, so that the dispute can be protected by doctors. In Japan, he was imprisoned for more than two years.

★Canada

The “Prevention and Governance Mechanism for In-Hospital Aggressive Behavior (PMAB)” promulgated in April 2008. The core part of the hospital's anti-riot response mechanism system is “white alert”. The “white alert” mainly refers to the deployment of a special emergency safety working group in the hospital to assist medical workers to deal with threatening behavior from patients.

★ Australia

Australia's universal health care is considered to be one of the “best and most perfect” systems in the world. The medical equipment is advanced and complete, the medical practitioners have a high level of professional knowledge and a strong sense of service, and Australia's medical care is completely free. Poor people go to public hospitals, rich people have private medical insurance can go to good private hospitals, no one can see the disease because of poverty. The most common complaints of family members are basically the faults and attitudes of medical staff. But the basic faults can be solved within the hospital, rarely violent.

The 2014 law stipulates that if someone tries to attack a doctor, they will face up to 14 years in prison. In addition, the security of Australian hospitals is perfect, and security personnel will quickly arrive at the scene to maintain order after receiving the call. If necessary, you can call for legal assistance.

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