Exclusive News | "Three Elements" can only be "three without punishment"

Physician News (Rong Media Reporter Yin Yan) Recently, the case of "doctors failed to sign the patient's" Surgical Record "and" Surgical Inspector Consent "as required, and was fined 15,000 yuan." The case ushered in the final judgment. The judgment of the Intermediate People's Court of Zhengzhou City, Henan Province is as follows: First, the revocation of the Jinshui District People's Court of Zhengzhou City, Henan Province (2021) Henan 0105 was the administrative judgment of No. 333. 2. Rejected Song Hongen's first trial request.

Comply with medical activities specifications

It is the protection of both doctors and patients

During the trial, Song Hongen argued that the Zhengzhou Health and Health Committee regarded the slightly defective and unrealistic consequences as "illegal incidents" as "illegal cents that did not fill in the medical records as required." It is a wrong processing method. At the same time, the behavior of not causing the consequences and slight violations of the "Basic Specifications for the Writing of the Medical Record" should not be punished.

In this regard, the Court of Final Appeal pointed out whether the case should be exempted from administrative penalties in accordance with the "Administrative Penalty Law of the People's Republic of China", and the court of first instance believes that in accordance with Article 5 of the People's Republic of China, Article 5, Article 6, Article 6, Article 32 The basic principles of administrative penalties such as Article 32, 33, etc., from the specific provisions of the light or reduced administrative penalties, and not to administrative penalties, comprehensive considerations, believe that Song Hongen's illegal acts obviously belong to the lighter plot. The social harm is small, and it has been corrected by itself before the incident. But in fact, on the one hand, related acts involved in the case have caused disputes with doctors and patients and are all dealt with. Therefore, the influence of the circumstances involved in the case involved in the case and the degree of social hazards cannot be made clear. On the other hand After the family members' copy of the disease found this illegal act and complained, Song Hongen signed the signature. Therefore, the court of the original trial was exempted from administrative penalties on Song Hongen in accordance with the "Administrative Penalty Law of the People's Republic of China."

The Court of Final Appeal pointed out that doctors' strict implementation and compliance with medical activities are both responsible for the health of patients and the protection of the physician's own rights and interests. The medical and health industry is a special industry, and the state has strictly strictly provided the industry's norms and professional behavior guidelines. For example, the penalty scale of the punishment of the medical records in accordance with the regulations is not in accordance with the regulations, and the penalties stipulated in the national laws and regulations are not conducive to establishing a practicing atmosphere of a physician strictly followed the professional standards, but also easily trigger medical disputes and ultimately affect social stability.

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Strictly abide by laws and regulations

Mo Shi should be natural

After the final judgment, Song Hongen felt very wronged. He said that clinicians are busy with work, a medical record is dozens of pages, and a long -term hospitalization medical record involves countless medical records. The most of the time and energy of clinicians are spent on the writing and sorting of medical records, but they are still Various size defects are common. "It can be said that 100 points of medical records almost do not exist."

Song Hongen said that during the "Repair Documents Filling in in accordance with regulations" and "filling in the medical records in accordance with regulations", the medical records filled with corresponding standards should be evaluated by the corresponding standards. For example, the "Rules for the Evaluation of the 100 -point System of Medical Revelation" issued by the Ministry of Health, such as the "Standards for the Mass Evaluation and Punishment Standard" issued by Shanghai, Anhui, Henan and other places "This is more accurate and scientific. All, all are counted as "no medical record information" as required, and all processed in accordance with the "general violations'. Such a judgment can not help but make the doctor chill."

Regarding the final judgment, Professor Song Ruliang, director of the Emergency Management Teaching and Research Department of the Guangdong Provincial Party School of the Guangdong Provincial Party School, who had written for Song Hongen, said, "regret, but it is reasonable." He said that in this case, doctors do have illegal situations in the writing of medical records. Although there are such situations in clinical practice, this is not a reason why doctors do not sign in accordance with regulations. "The majority of physicians and friends should strictly abide by laws and regulations, and do not have to equate clinical work 'facts' and‘ Ying ’in the law.”

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