Lin Junjie, 11 people in the hospital who have been suspended, medical staff who want to pursue stars should keep the legal bottom line

Author: Yi Fa Hui Singer Lin Junjie went to a local hospital to hang water after a concert in Zhenjiang Wednesday, the people's Daily reported Afterwards, some people sold Mr Lin's used needles and injection bags, and some medical staff took turns to lie in "the bed where Lin Junjie slept" to take photos to mark the outflow of video frequency In response, Zhenjiang No 1 people's hospital issued a statement saying that the star chasing staff took video photos and sent them to friends circle after Mr Lin Junjie left, which was reprinted and sold by others There is no loss of medical waste logistics after verification At present, all 11 staff members involved have been suspended As soon as the incident happened, there was a heated discussion on Weibo The focus of netizens' attention was on the protection of patients' privacy rights and the professional ethics of medical staff The medical law will analyze the legal issues involved in the incident To protect the privacy of patients is the principle of health laws and regulations in China From the perspective of civil liability, Article 62 of tort liability law stipulates that medical institutions and their medical personnel shall keep the privacy of patients confidential Those who divulge the patient's privacy or disclose the patient's medical records without the patient's consent, thus causing damage to the patient, shall bear the tort liability Generally speaking, the damage caused by the disclosure of patients' privacy or the disclosure of their medical records and other relevant information without the consent of patients is mostly manifested as mental damage For mental damage, in accordance with the provisions of Article 22 of the tort law of the people's Republic of China, if the personal rights and interests of others are infringed and serious mental damage is caused to others, the infringee may claim compensation for mental damage It is worth noting that the first draft of the tort liability of the civil code currently being compiled stipulates that medical institutions and their medical personnel shall bear the tort liability if they disclose the patient's privacy and personal information or disclose their medical records without the consent of the patient, thus causing damage to the patient In the second draft, the precondition of "causing damage to patients" was deleted, which means that once the draft was adopted, the medical staff should bear the tort liability for disclosing the privacy of patients, whether causing damage or not From the perspective of administrative responsibility, Article 37 (9) of the law on practicing doctors stipulates that if a doctor divulges the privacy of a patient in his practice activities and causes serious consequences, the health administrative department of the people's government at or above the county level shall give a warning or order him to suspend his practice activities for more than six months and more than one year; if the circumstances are serious, his practice certificate shall be revoked; if the case constitutes a crime, he shall be investigated for punishment according to law Responsibility Article 31 of the regulations on nurses stipulates that if a nurse divulges the privacy of a patient in the practice, the competent department of health of the local people's government at or above the county level shall, according to the division of duties, order him to make corrections and give him a warning; if the circumstances are serious, his practice shall be suspended for more than six months but less than one year, until the original certificate issuing department revokes his nurse practice certificate The above provisions reflect the importance of health laws and regulations on the protection of patients' privacy In this case, the medical staff leaking Mr Lin Junjie's medical treatment has violated Mr Lin Junjie's privacy rights, violated the above provisions, and should be subject to corresponding administrative penalties In addition, if the circumstances are serious enough to constitute a crime, they will even be prosecuted for criminal responsibility According to Article 2 of the regulations on the management of medical waste, medical waste refers to the waste with direct or indirect infectivity, toxicity and other hazards produced by medical and health institutions in medical treatment, prevention, health care and other related activities According to the classification catalogue of medical waste, medical waste can be divided into five categories: infectious waste, injurious waste, chemical waste, pharmaceutical waste and pathological waste In this case, the injection packaging bag belongs to infectious waste and the needle belongs to damaging waste In order to avoid infection and harm caused by medical waste flowing into the society, there are strict and compulsory regulations on the treatment of medical waste in China Article 12 of the regulations on the management of medical waste stipulates that "medical and health institutions and centralized disposal units of medical waste shall register medical waste, and the registration contents shall include the source, type, weight or quantity, handover time, disposal method, final destination, signature of the handler and other items of medical waste The registration data shall be kept for at least 3 years " In the incident, Zhenjiang first people's hospital issued a statement that there was no loss of medical waste logistics after verification, but it still needs to remind medical institutions and relevant medical personnel to pay attention to the administrative responsibility in medical waste treatment Article 39 of the measures for the management of medical wastes of medical and health institutions stipulates that: "in case of any of the following circumstances in violation of the regulations on the management of medical wastes and the provisions of these measures, the administrative department of health of the local people's government at or above the county level shall order the medical and health institutions to make corrections within a time limit and give a warning; if they fail to make corrections within the time limit, they shall be fined not less than 2000 yuan but not more than 5000 yuan: (1) they are not established and healthy The whole medical waste management system, or the monitoring department or full-time (Part-time) personnel are not set up; (2) the relevant personnel are not trained in relevant laws, professional technology, safety protection, emergency treatment and other knowledge; (3) the medical waste is not registered or the registration data are not kept; (4) the medical waste is not collected, transported or temporarily classified in the institution The personnel and management personnel who are responsible for the storage and disposal of medical waste take occupational health protection measures; (5) fail to clean and disinfect the used medical waste delivery tools in a timely manner; (6) the medical and health institutions that have built their own medical waste disposal facilities fail to regularly test and evaluate the hygienic effect of the medical waste disposal facilities, or fail to test and evaluate the effect Results are filed and reported " Article 53 stipulates: "where medical waste is transferred, traded, mailed or transported by rail or air, or transported by waterway in violation of the provisions of these regulations, the competent administrative department of environmental protection of the local people's government at or above the county level shall order both parties, the mailer and the shipper to stop the illegal act immediately, give a warning, and confiscate the illegal income; otherwise, the legal person shall be punished If the legal income is more than 5000 yuan, a fine of not less than two times but not more than five times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than 5000 yuan, a fine of not less than 5000 yuan but not more than 20000 yuan shall be imposed " With the coming of the era of standardized and refined management of medical waste in China, the management of medical waste needs to attract the attention of medical institutions Medical institutions shall implement the regulations on the management of medical wastes, reasonably classify and standardize the disposal from the source of medical wastes; improve the construction of medical waste organization and clarify the responsibilities of each department; equip hardware and software facilities for medical waste management, strengthen the management of waste collection, disposal and transportation; strengthen the implementation of systems and daily supervision and management; strengthen the publicity and training of medical waste management To improve the legal awareness of medical staff.