mortal train conductor

Chapter 354 Informed Consent Should Be Treated Differently
Litigation is extremely simple for lawyers, but it is actually a very troublesome matter for ordinary people. This is why ordinary people in China have the concept of "not being a thief if you die of starvation, and not suing if you die unjustly".Litigation is time-consuming and labor-intensive. Sometimes even if the lawsuit is won, it may not be possible to get the money back. As the saying goes, "Win the lawsuit, lose the money".

However, Li Wangen's lawyer believed that this case had a huge railway company as the defendant, and if he won the case, he would definitely be able to get the money, so he hastily prosecuted.

But after the prosecution, Li Wangen was a little absent-minded, because after he told his relatives and friends about the incident, 99% of them did not approve of his prosecution, because the cause of the incident was caused by himself, and the train staff just tried their best. He fulfilled his duty of rescue, and the doctor was even more innocent. He just helped him bravely, but now he treats him as a defendant. This kind of behavior makes even relatives and friends feel a little contemptuous, and even more so. Not optimistic that he can win the case.

In fact, Liu Qun also made some reflections, that is, in the process of handling the first aid on the scene, he started the rescue work without consulting Li Wangen and his wife.That is to say, at that time, Li Wangen and his wife were not asked whether they needed train rescue?Of course, although the other party was a bit weak in this question, under the circumstances at that time, the other party would definitely answer in the affirmative, and certainly would not say that the train should not be rescued, but this has also become one of the reasons for the other party to sue.

The lawyer hired by Li Wangen clearly wrote in the complaint that the train staff delivered and induced labor without the consent of the victim and his family, which was the direct cause of the personal injury.

However, Liu Qun believes that there is room for refutation on this point from a legal point of view, and it does not mean that the responsibility can be attributed to the train staff and doctors because of this point.

The right to informed consent is also known as the right to informed promise or promise.The main content refers to that during the process of receiving diagnosis and treatment, clinicians provide patients or their families with true and sufficient information including diagnostic conclusions, diagnostic decisions, conditions, prognosis, and treatment costs, so that patients or their relatives can fully understand the information. The right to make choices independently.

The right to informed consent is divided into two aspects: the right to know and the right to consent. The right to know refers to the right to obtain relevant information about its disease status and diagnosis and treatment, while the right to consent refers to the premise that patients or their close relatives are truly informed about treatment and examination. Under the law, the right to authorize medical staff to carry out corresponding medical measures on patients.

But this right mainly refers to ordinary times, that is, under normal circumstances, that is, when the patient's condition is not particularly urgent, the patient's right to informed consent should be fully respected, and the patient or his close relatives should be given a certain amount of thinking space and time. .

However, in emergencies such as sudden illnesses that seriously endanger the lives and health of patients, the right to emergency assistance takes precedence over the right to informed consent of patients and close relatives, that is to say, in emergency situations, assistance can be implemented without consent. .

Of course, through this case, Liu Qun also understands that in future work, especially for some sick passengers and critically ill passengers, if there are companions, video recorders should be used to record and fix evidence for them. It asked that the train will take emergency rescue measures, which may cause harm, and family members can now choose whether to accept it.

Of course, as a normal person, he would definitely choose to ask the train to do everything possible to rescue him, but this is similar to a nonsense procedure, but it has its effect.

From a medical point of view, this can be called a risk warning.

As we have seen every day, when hospitals perform blood transfusions and major operations, family members must agree and sign in writing for confirmation.That is to say, the hospital has fully consulted the opinions of patients and their families, and fully recorded the opinions of patients or their families in the case. Once a dangerous situation occurs, some medical disputes can be avoided.

Liu Qun learned that the other party sued because the fetus was currently lethargic. The doctor at the K County People's Hospital claimed that this situation was probably caused by the lack of oxygen during the delivery and induction of the fetus.The cause of this situation is likely to be damage to the central nervous system of the brain, but this is just a doctor's statement, and there is no relevant medical appraisal procedure to prove it.

The indictment also stated that after the K18 train discovered that the pregnant woman had premature birth, it ignored the safety of the mother and child and did not actively rescue the pregnant woman, but was eager to get rid of responsibility, forced the family members to get off the train for treatment, and seriously violated medical regulations, causing the plaintiff's child to give birth. If he gets down, he may have craniocerebral injury, and he may have to undergo repeated treatments in the future, causing serious damage to his body and mind and future work and life. On the grounds that the unit where the train is located and the doctor who came here are required to jointly compensate:
12492 yuan for medical expenses, 360 yuan for hospital food subsidies, 11140 yuan for nutrition, 24000 yuan for nursing care, 1373 yuan for transportation, 350000 yuan for continued treatment, 12800 yuan for accommodation, 3000 yuan for lost work, and 10 yuan for mental damage relief , a total of 515395 yuan.

A week after the lawsuit was filed, Li Wangen was identified by the Medical Association of P City.

The identification of the medical association is carried out by medical experts and organized by the medical association. The source of each expert is the clinician of each level of hospital in P city. The behavior of the identification by the clinician must have a certain subjective tendency, which is easy to cause the identification. The deviation of the conclusion, and these clinicians are not legal professionals, they lack the ability to judge the objective materials and the statements of both parties from the legal perspective, and the ability to identify evidence materials is poor. some deviations.

After learning of this situation, the staff of the Enterprise Law Department of the Railway Bureau Group Company where Liu Qun works applied to the court for forensic identification.

This is because the forensic appraisal is conducted by a forensic doctor who is independent from both parties, and can draw conclusions more objectively and fairly. Forensic doctors have a deep grasp of the law, and have strong judgment and cognition in identifying evidence materials, and are more able to Make an objective judgment, and forensic medicine is also a person in the medical industry, who understands the relevant knowledge of the frontier development of various medical disciplines, and can also extensively consult relevant experts for deep-seated problems in clinical medicine, so it is easy to form an objective and fair judgment. Avoid making identifications at the mercy of individual persons.

(End of this chapter)