Medical errors and medical law


  • medical errors
  • From the point of view of health law

  • medical errors

    To know everything is impossible in this world, to be able to - even more so. Shaky pyramid of civilization and human rescues modern division of labor.

    our well-being entrusted electrician uncle Vasya, move it at evening and
    confuse wiring - the horror, the whole area will be left without light!
    Blundered accountant - a catastrophe, someone deprived of salary. Employee
    The registrar can not awake to issue the documents, and then try, prove,
    you're not a camel.

    All this we have seen time and again, because they do not stumble
    Only he who does nothing. But whether the error right people,
    whose hands the most valuable - human life? Oversight of the teacher,
    of course, unpleasant, and as the heroine said, "Ironically," not at all
    less destructive medical missteps. Yet mistakes victim
    teachers live among us, and clients often unlucky Aesculapius
    go to a better world. Nevertheless, medical errors still
    It has not been canceled.

    Recently, at the legislative level
    there are active discussions about what we need insurance system
    patients from medical errors. That is, the patient, to prove that it
    relatively speaking, "treated wrong", to be paid
    imposing insurance. And doctors, in turn, making small
    Financial contributions to the insurance fund, will be protected from exorbitant
    financial claims ex-patients. It remains only to make it clear that the
    is "treated correctly."

    Medical errors and medical law
    patients often fold their ideas about what is good
    and what is bad. This is due to the fact that we have gradually learned to
    considered medicine services sphere. The patient, who gave money to the clinic
    (Directly or via social insurance office), calculates that for their money
    he will receive quality medical care, and it is desirable -
    corresponding to his ideas.

    Well, that every patient
    day for five years gasped, but did not address to the doctor, do not
    I am taking prescription tablets and hypertension treated folk
    means an alcohol, in his opinion, it does not matter. If the doctor does not
    rushed to change the scheme of therapy is not prescribed panacea and does not even appointed
    no miraculous treatments, a hundred to one: the patient will run
    to complain. And no grandparents near the entrance, and in the tradition of Western
    barrator court. Unless, of course, does not realize that medical care as
    service is not subject to consumer preferences.

    one side of the scale we have a patient who "does not know the materiel" not
    diagnosis can read in Latin and raging because the appointed
    Treatment did not satisfy his expectations. On the other - a doctor who lives
    very professional and correct their views
    action compares with the traditions of medicine.

    And the only way
    equalize the bowl of scales - to try to regulate these foundations (not
    the patient is re?). For example, well settled down abroad
    strict treatment regimen when the doctor acts as a computer, assigning
    strictly according to prescribed therapy instruments. such practices
    adhere to the United States from the moment they realized: annually
    country because of errors in treatment, at least 7000 people
    die, and how many feel worse - do not count. If not
    wish to splurge on lawsuits from victims and their
    relatives, something must be urgently taken.

    the medicine is still in effect for the diagnostic algorithms,
    based on the laws of logic. In fact, in medical schools for six years
    just do what form the clinical reasoning: an unambiguous,
    clear, precise, consistent and evidence-based approach to the diagnosis and

    Unfortunately, the medicine - not the Administrative Code,
    there are too many deviations from the rules as our vague, so
    and American hard.

    For example, the patient receives,
    suffering from gastritis with complaints of abdominal pain - another
    aggravation. More it disturbs nothing but trouble
    dreams. Doctor prescribes diagnosis according to the underlying disease,
    I mean gastritis. Suddenly, with the patient happens epileptoid
    seizure, and only then begin to examine it for pathology
    side of the brain. Find a huge inoperable tumor. In
    hysterical patient relatives, and they can be understood, but in the current
    a situation no one is to blame - the doctor is not the Lord God.

    But is it possible in this case, all start talking about the medical error?

    From the point of view of health law

    Roman law concept of "fault" was related to medical practice and
    It called law Aquilia. It also applies to medical errors
    inexperience and negligence, and failure to provide assistance.

    Empire has sunk into oblivion, and gradually turned into a doctor's right category
    unwritten laws. A brilliant surgeon Pirogov, for example, believed that
    the doctor must have an inner need to disclose their mistakes,
    to warn them of people less knowledgeable.

    medical errors attracted constant attention to the bodies and institutions
    health, only the Party recklessly used the specificity
    medicine, unwinding from scratch "Doctors' Plot and turning people into
    white coats in a pawn of the political game.

    What he says
    modern Russian medical law? It provides for two types of
    liability for medical errors: criminal and civil. In the Criminal Code
    registered a dozen articles on which activities qualify as a doctor
    failure to provide medical care person who is obliged to provide it,
    failure to provide information and causing death by negligence
    due to improper execution of their professional duties
    (Art. 109 h. 2). According to Art. 1064 of the Civil Code, damage
    caused to the person shall be compensated in full by the person, his
    reasons. And if moral harm, then under Art. 151 of the Civil Code
    Russian court will oblige the infringer to pay compensation.

    Medical errors and medical law
    the term "medical error" in the Russian legal documents and
    not close. As, however, there is no strictly regulated
    responsibility for it - as you already understood, all that does not fit in
    the previous laws, in the best case, falls within the scope of other,
    the most common items.

    And that's not all .. It turns out that a precise definition of medical error there, not only for patients and lawyers. No it, and doctors.

    Let us recall the recent sensational case to a newborn Sophia from the Krasnodar Territory,
    which had to be amputated arm. She was admitted to the hospital with trivial
    whooping cough, and many do not mind to put a dropper. However, the needle
    yet broken through the brachial artery, which then formed
    a clot, blocking blood flow to the whole right hand.

    What is it -
    negligence? Carelessness, inexperience? Error? Hardly. After all
    Nurses carry out such manipulations hundreds of times. And then, they say, were
    New Year holidays, and so the girl did not remove the clot, and appointed
    conservative treatment of ... How do you want to operate with the newborn
    a child suffering from an infectious disease in the acute period?

    a tragic accident, the consequences of which due to the state of the small
    the patient could be removed with great difficulty. During the
    routine manipulation hand can tremble at absolutely any, only
    welder suffer iron pipe, and in the formulation of intravenous
    catheter - a living person.

    In short, what is meant by
    medical error intuitively clear to everyone, but in reality
    unknown to anyone. it is practically impossible to protect yourself from it, as well as
    You can not insure that I do not know why.

    The only thing that
    we can advise - do not start the disease, do not pull on a visit to
    doctor, tell him about everything that bothers and follow
    prescriptions. Checkups, do not trust
    charlatans and advertising, not to self-medicate, and then deal with
    ailments will be much easier.

    Remember, domestic laws
    imperfect, and whether they are the best in the world, could not protect us
    complications and problems, and no payment will be returned to health.
    It would be good even to people who decided to devote himself to medicine, approached
    to the choice of profession seriously and deliberately.

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