To investigate the medical complaints status and coping styles during the outbreak of the novel coronavirus diseases. Methods: 86 cases medical complaints of uninfected novel coronavirus disease, which collected from one hospital at Beijing city during the January-March 2020, have been retrospectively analyzed. The number, types and causes, department distribution have been evaluated at different stages. Results: During the epidemic, medical complaints are still one of the severe problems faced by hospitals, the number of medical complaints, was significantly higher than those during the non-epidemic, Emergency, Neurology and Neurosurgery were as the top three departments. Failure to admission to hospital as scheduled or as expected was an important and special reason in the medical complaints. Most of medical complaints were gain understanding and cooperation by effective communication, only 4 cases of complaints were application for Legal mediation procedure legal. Conclusion: Medical complaints during the outbreak is a serious problem facing by hospitals, which should be given the necessary attention and positive response to reduce the risk of related medical litigation cases at post-epidemic stage.

目前对新冠肺炎疫情已经取得阶段性控制,与此同时,新冠肺炎引发的法律问题也引起了社会各界的重视,一些地方法院也针对民商事审判可能涉及的问题出台了一些法律性文件.对此,司法鉴定可能也将面临与此相关的医疗损害争议案件,值得未雨凋缪加以探讨研究.通过对鉴定案件受理、新冠肺炎诊疗、同情用药原则以及医院感染问题进行探讨,建议严格案件受理程序,结合医学领域中对此疫情存在知识局限的客观情况、临床医疗行为的探索性、临床治疗的困难性等诸多方面,采用“宽松性评价”原则开展相应的司法鉴定工作.

住院患者因精神障碍所致人身损害的情况可以发生在精神专科医院、综合医院或其他类型的专科医院;行为人可以是已诊断或尚未诊断精神障碍的患者;可以是因为精神障碍入院或治疗其他疾病入院的患者;受害人可能是患者本人,也可能是家属、医护人员或者其他患者.由于情况复杂,涉及的法律问题较多,本文作者以其处理此类案件的亲身经历和经验,提出了自己的意见.

The General Rules of the Civil Law of the People′s Republic of China(hereinafter the General Rules)shall officially come into effect as of July 1 of 2017.In this consideration,the paper probed into the legal attributes of the doctor-patient relationship in China in view of the relationship management in line with the General Rules.Also analyzed are the basic principles to be observed by both parties as regulated by the General Rules and patient rights protection.These efforts aim at elevating China′s medical service,protecting legitimate rights of both parties,and encourage a healthy and harmonious doctor-patient relationship.

The doctor-patient relationship management has become an indispensable contents of hospital management,many in the medical institutions set up a full-time doctor-patient relationship management department,training,exercise a batch of professional management staff,to set up and promote harmonious doctor-patient relationship important strength.The author according to their work experience,this paper discusses the doctor-patient relationship management department full-time the necessity of,the main content,principle and position,need to coordinate the various relations,the doctor-patient relationship management personnel of full-time the quality and ability of requirements,and other related issues.

Tort liability law of the People's Republic of China has effected since July 1,2010,medical disputes handling is occurring many changes.The types of medical disputes are not changed,but medical liability is classified into special tort liability for the first time,which means the responsibility and liability of medical dispute has mainly belonged to fault liability principle,Thus brings great changes for evidential burden.But in some special situations still requires health institutes presuming fault liability,some of the evidential burden is still required by the medical institutes.Based on the evidential burden,the type,institutes,rationale,suing and fee of medical fault identification have also changed.As a staff of patient hospital relationship office in a tertiary hospital,through the work of the intimate understanding,the main changes of medical dispute handling before and after implementation of the tort liability law is analyzed and suggestions on how to aware this change and how to deal with it is also discussed.