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    Home > Medical News > Latest Medical News > The full text of the Civil Code was officially published! It's about all the medical staff.

    The full text of the Civil Code was officially published! It's about all the medical staff.

    • Last Update: 2020-06-05
    • Source: Internet
    • Author: User
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    Medicines Network, June 4 - On June 1, Xinhua News Agency was authorized to broadcast the Civil Code of the People's Republic of ChinaThe landmark law was voted through three sessions of the 13th National People's Congress and will come into force on January 1, 2021There are 7 and 1260 articles in the Civil Code, each of which is the general rules, the property rights, the contract, the personality right, the marriage and family, the inheritance, the tort liability and the by-laws, the marriage law, the inheritance law, the general rules of civil law, the adoption law, the guarantee law, the contract law, the property law, the tort liability law, and the general rules of civil law shall be repealed at the same timeThis law is the first law in New China named after the Code, which is a milestone and self-evident importanceIt is worth noting that the Civil Code in The Seventh Chapter, Chapter VI, medical damage liability part, referred to a total of 11 articles, each of which is directly related to medical institutions and medical personnel, the grass-roots doctorcommune for everyone to organize as follows:the following situations medical institutions bear liability or fault
    the Civil Code further clarified that patients in the course of treatment, liability will be borne by medical institutionsArticle 1,218 If a patient is injured in the treatment and treatment activities and the medical institution or its medical personnel is at fault, the medical institution shall be liable for compensationArticle 1,219 Medical personnel shall explain their illness and medical measures to the patients during their medical treatment activitiesWhere surgery, special examination or special treatment is required, medical personnel shall specify the medical risks, alternative medical treatment programs and so on to the patient in a timely manner and obtain their explicit consent; if it is not possible or appropriate to explain to the patient, they shall explain it to the patient's next of kin and obtain their explicit consentIf the medical personnel fail to fulfill the obligations mentioned in the preceding paragraph and cause damage to the patient, the medical institution shall bear the liability for compensationArticle 1,221 Medical institutions shall be liable for damage caused by medical personnel if they fail to meet the medical obligations corresponding to the medical level at that time in their medical treatment activitiesArticle 1,223 If a patient is damaged by theofdrugs,disinfecting products, medical devices, or if the input of unqualified blood is infused, the patient may request compensation from the drug market licensing holder, producer or blood provider, or may also request compensation from the medical institution If a patient requests compensation from a medical institution, the medical institution shall have the right to recover compensation from the holder, producer or blood supply provider of the responsible drug marketing license   Article 1,222 If a patient is injured in a medical treatment activity, it is presumed that the medical institution is at fault if it is: (1) violate the provisions of the law, administrative regulations
    , regulations and other relevant medical treatment norms ;   3 cases medical institutions are not liable Article 1,224 If a patient is injured in the diagnosis and treatment activities, the medical institution shall not be liable if the (i) the patient or his next of kin do not cooperate with the medical institution in carrying out medical treatment in accordance with the medical institution;   In the first case of the preceding paragraph, if the medical institution or its medical personnel are also at fault, it shall bear the corresponding liability   Article 1,220 If, in an emergency, such as saving a terminally ill patient, he or she is unable to obtain the opinions of the patient or his next of kin, the corresponding medical measures may be immediately implemented with the approval of the person in charge of the medical institution or the authorized person in charge   Article 1,228 The lawful rights and interests of medical institutions and their medical personnel shall be protected by law   Those who interfere with the medical order, hinder the work and life of medical personnel, and infringe upon the legitimate rights and interests of medical personnel shall bear legal responsibilities in accordance with the law   The responsibilities that medical institutions and medical personnel must perform
    Article 1,225 Medical institutions and their medical personnel shall, in accordance with the provisions, fill out and properly keep medical records such as hospitalization, medical orders, examination reports, surgical and anaesthetic records, pathological data and nursing records   Where a patient requests to consult or copy the medical records stipulated in the preceding paragraph, the medical institution shall provide it in a timely manner   Article 1,226 Medical institutions and their medical personnel shall keep the privacy and personal information of patients confidential If the patient's privacy and personal information are disclosed, or the patient's medical records are disclosed without the patient's consent, he shall be liable for tort   Article 1,227 Medical institutions and their medical personnel shall not carry out unnecessary examinations in violation of the norms of diagnosis and treatment   From the above provisions, we can see that the newly issued section of the Civil Code on "medical damage liability" clause, not a simple copy of the specific content of the Tort Liability Act, but in the context of the "finishing"   These treatments reflect the legislator's good intentions in solving the problem of doctors and patients, taking into account the legitimate rights and interests of patients, but also strengthen the protection of medical personnel
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