What is a medical error in terms of medical law? Answer to this question you will find in the article.
Content
Medical errors
Know everything in the light is impossible, be able to - especially. The shaky pyramid of civilization and a person is rescued by the division of labor.
Part
our well-being is entrusted by electrician uncle Vasya, he will come to enter and
Capture wiring - what horror, the whole area will remain without light!
Lists an accountant - a catastrophe, someone will be deprived of salary. Employee
The registry office can ask not those documents, and then try, prove,
that you are not a camel.
All this we have seen more than once, for it does not cool
Only one who does nothing. But people have the right to make a mistake, in
whose hands is the most valuable - human life? Teacher's mistakes,
Of course, unpleasant and, as the heroine said «Irony of Fate», whit
Less destructive to the nestlications of medical. And yet the victims of errors
teachers are alive among us, and clients of unlucky esklap often
go to the best world. Nevertheless, medical errors are still
Nobody canceled.
Recently at the legislative level
Active talk about what we need insurance system
patients from medical errors. That is, the patient who has proven that his,
Conditionally speaking, «treated wrong», Must be paid
Awesome insurance. And doctors, in turn, making small
Financial deductions to the insurance fund will be protected from exorbitant
Financial claims of ex-patients. It remains only to clarify what
that «Treat wrong».
W
patients often develop their ideas about what is good
And what is bad. This is explained by the fact that we gradually experienced
consider medicine services. Patient who gave money to the polyclinic
(directly or through the insurance office), expects for his money
He will receive high-quality medical care and desirable -
corresponding to its ideas.
Well, the fact that the patient is each
the day for five years chuckled, but did not apply to the doctor, not
took prescribed tablets, and from hypertension was treated by people
means on alcohol, in his opinion, absolutely no matter. If the doctor is ne
rushed to change the therapy scheme, did not register a panacea and did not even prescribe
Not a single miraculous procedure, one hundred to one: the patient will run
complain. And not grandmothers near the entrance, but in the best traditions of Western
Soutag in court. Unless, of course, does not realize that medical care is like
The service does not obey consumer preferences.
On the
one cup weighing we have a patient who «Do not know Matchasts», not
can read the diagnosis of Latin and raging because the appointed
Treatment did not satisfy his expectations. To another - a doctor who lives
Exceptionally professional ideas and correctness of their
Action Checks with Medicine Industry.
And the only way
the level of the bowls of these scales - try to regulate these foundations (not
Patient is re-educated?). For example, abroad went well
strict treatment schemes when the doctor acts as a computer assigning
Therapy strictly on prescribed documents. Such practice
adhere to the United States from the moment they understood: annually in
country due to errors in treating at least 7 thousand people
dies, and how many worsen well-being deteriorates - do not count. If not
The desire to go out on litigation from the victims and their
relatives, you need to undertake something urgently.
Domestic
The medicine is still valid for diagnostic algorithms,
Based on the laws of logic. In fact, in medical universities six years
just do that form clinical thinking: unambiguous,
clear, accurate, consistent and evidentiary approach to diagnosis and
Treatment.
Unfortunately, medicine is not an administrative code,
Here too much deviations from the rules, like our vague, so
And American hard.
For example, the patient comes,
suffering gastritis, with complaints of abdominal pain - the next
exacerbation. Nothing else bothers nothing but unpleasant
Dreams. The doctor prescribes diagnostics according to the main disease,
That be bad gastritis. Unexpectedly with the patient an epileptoid
the seizure, and only then it is started to examine on the subject of pathology
Heat sides. Find a giant non-cultural tumor. W
relatives of the patient hysteria, and they can be understood, but in the current
Nobody is guilty of the situation - the doctor is not the Lord God.
But is it possible in this case to make a speech about a medical error?
From the point of view of medical law
IN
Roman law concept «Errors» correlated with medical activities and
called Aquila's law. To medical errors attributed and
inexperience, and negligence, and urban.
Roman
Empire ringed in the summer, and gradually the medical law has passed into the category
Unwritten laws. A brilliant surgeon of pies, for example, believed that
The doctor must have an inner need to publish his mistakes,
To warn people from them less knowledgeable.
IN USSR
Medical mistakes attracted constant attention of bodies and institutions
health care, only the party used the specificity
Medicine, spinning in scratch «Doctors' cases» and turning people in
White coats in political pawn.
What says
Modern Russian medical law? It provides for two types
responsibility for medical errors: criminal and civil. In the Criminal Code of the Russian Federation
registered a dozen articles on which the actions of the doctor qualify as
Non-appearance of medical care face obligated to render it,
failure to provide information and causing death by negligence
Due to the improper performance of their professional duties
(Art. 109 C. 2). According to Art. 1064 Civil Code, Harm,
caused personality, subject to compensation in full face, his
caused. And if the moral harm is caused, then. 151 of the same GK
RF Court will oblige a violator to pay monetary compensation.
But
The term itself «Medical error» in Russian legal documents and
NOT NOT. As, however, there is no strictly regulated
responsibility for it - as you already understood, everything that does not fit into
The above laws, at best, falls under other,
The most common articles.
And that is not all.. It turns out that there is no accurate definition of medical error not only in patients and lawyers. No doctors.
Let's remember the recent sensational case with a newborn Sofia from the Krasnodar Territory,
which had to amputate hand. She entered the clinic with a banal
coup, and to put a dropper, a lot of minds do not need. However, the needle
nevertheless struck the shoulder artery in which it was formed after that
Trombus, overlapping the blood supply to the whole right hand.
What is it -
negligence? Inattention, inexperience? Mistake? Hardly. After all
Nurses conduct such manipulations hundreds of times. And then, they say, were
New Year's holidays, and therefore the girl did not remove the thrombus, but appointed
conservative treatment… How do you order to operate the newborn
child suffering from infectious disease in acute period?
Occurred
Tragic chance, the consequences of which by virtue of the state of the little
Patients could be eliminated with great difficulties. When conducting
Routine manipulation hand can flock in absolutely anyone, only
the welder will suffer iron pipe, and when setting up intravenous
catheter - alive man.
In a word that understand under
medical error at the intuitive level is understandable to everyone, and in reality
Unknown to anyone. It is almost impossible to protect it from it, like
It is impossible to insure from that I do not know what.
The only thing that
can advise - do not run diseases, do not pull on a visit to
Dr., tell him about everything that bothers, and perform
Prescriptions. Pass preventive inspections, do not trust
Charlatans and advertising, do not engage in self-medication, and then cope with
There will be much easier.
Remember: domestic laws
imperfect, and be it better in the world, could not protect us
from complications and problems, and no compensation for health will be returned.
It would be good that people who decide to devote themselves to medicine
to the choice of profession is serious and consciously.
