The two sessions are right. In the past few days, some members of the CPPCC General Committee talked about their own thin film battery and mobile energy products. After he spoke, the most direct response was that his company’s share price rose sharply in the market, which was tantamount to spending money. Advertising, its effect is even more effective than advertising on CCTV.
From this, we observed that in the two conferences this year, many representatives (committees) mentioned in the proposal/proposal on medical treatment , some representatives (committees) also have this tendency. The author has collected statistics on all health care proposals and found that the following aspects are mainly included: medical legal system, health care for medical staff, doctors' income, primary care, education and training of medical staff, medical reform, doctor-patient relationship, mobile medical care. There are 13 categories of content such as medical corruption, drugs and medical devices, medical insurance, health China, and medical care. In the topic of doctor-patient relationship, all of them are about how to protect and respect the interests of doctors, and the protection and attention of patients' interests are rarely mentioned.
It is understandable that representatives of the medical profession (committees) speak and reflect questions for the people of this class. However, for a national representative (member) who participates in the administration of state affairs, if the proposals submitted and discussed are only limited to maintenance and strive for The interests of this class, then it is too narrow!
Due to historical reasons, as of now, most hospitals in China have assessed the rewards and punishments for a long time, and the interests of the hospital have risen above the interests of patients. Some scholars at Harvard University have pointed out that "only 40% of Chinese doctors put the patient's interests first, and 60% of the economic interests and personal development in the first place." Premier Li Keqiang also mentioned in this year's two sessions that "health is the basic needs of the masses. We must constantly improve the level of medical and health care and build a healthy China." If there is no doctor's participation, the medical reform cannot be promoted; then, without the protection of the patient's interests, the medical reform is even less likely to succeed. If there is no harmonious doctor-patient relationship, then the creation of "healthy China" can only be an unreachable "Chinese dream."
The famous German jurist Carl Larenz said that "only if there is some kind of balance between the parties concerned, we can expect each party to realize their will. If there is no such balance, the legal system must take measures. Maintaining the interests of the typical weak party creates a certain balance. "The protection of the rights of patients is also to protect the rights of doctors and reduce the risk of hospitals. If we can't balance the unequal status between doctors and patients, we can't really build a rational channel for patient rights protection.
Regarding the protection of patient interests, the author believes that it should be implemented in the following three aspects.
First, patient rights should be legally defined. Many countries and international organizations in the world have adopted specific legal documents to clarify patient rights, such as the Lisbon Declaration on the Rights of Patients (1981) adopted by the 34th World Congress of Medicine, Israel's Patient Rights Act (1996). Year), France's Law on the Rights of Patients and the Quality of Health Systems (2002), the Netherlands has written the rights of patients into the Civil Code. Up to now, there are no laws and regulations on the protection of patients' rights and interests in China. The only explanations about patient rights are only scattered among the laws and regulations such as the Tort Liability Law and the Practitioners Law. Therefore, it is necessary to clarify the protection of patients' rights in the form of special laws and regulations, so that they can provide targeted guidance for the protection of patients and doctors' rights in future medical links.
In the development of patient rights protection, the United Kingdom and other Western countries have placed the patient's "The Principle of the Best Interests" as the core value of medicine in the core part of the doctor-patient relationship, and the most vulnerable groups in the society. When deciding, this principle is considered to be the most reasonable, objective and fairest criterion.
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