Can a hospital be exempted from liability for medical malpractice due to lack of manpower?

Mondo Social Updated on 2024-01-31

It is almost normal for public hospitals to have insufficient manpower, it is normal for outpatient doctors to see 50 numbers in the morning, it is also common for resident doctors to manage more than 10 patients at the same time, and it is normal for emergency room doctors to rescue three or five patients at the same time

1. The root cause of the shortage of manpower in public hospitals.

Personnel positions are compressed to the limit.

In fact, there is no shortage of doctors in hospitals, why?From the threshold of doctors in public hospitals, we know that either doctors or masters, and even postdoctoral fellows are not fragrant, and the medical industry is already the most volatile industry in the job market, how can there be a shortage of doctors?This is because a large number of would-be doctors are stopped outside public hospitals, which have reduced their personnel positions to the limit in order to reduce wage costs. The lack of manpower is caused by the unreasonable personnel arrangement of the hospital, not by too many patients at all.

Clinicians take on a plethora of other tasks.

Clinicians in public hospitals can not only see better, but also see more easily, but many clinicians spend more time on scientific research, teaching, coping with various examinations, professional title examinations, especially scientific research, many doctors in teaching hospitals have put most of their time and energy on scientific research, because no matter how good the disease is, it is not as good as a sci.

Second- and third-line doctors have too little clinical workload.

In fact, in addition to ward rounds, this system is reflected in almost every work in the clinic, the front-line doctors are responsible for all the clinical work on duty and the patients in charge, and the second- and third-line doctors who stay up to the end, as long as they are not on the stage for surgery, there is still a lot of time to chatter and brush their mobile phones, and almost no second- and third-line doctors will take the initiative to share the work of front-line doctors. Therefore, there are not enough people in clinical practice, but it is actually front-line doctors.

Restricting the clinic but restricting the number source is not enough.

In fact, the hospital has limited the number of clinics in each department, but it has allowed each clinic to open too many sources in a day, resulting in too many consultations per outpatient doctor per unit time. Why?Because the income of the inpatient wards of most departments is the majority, arranging too many doctors to see outpatient clinics is not very efficient.

In short, the hospital is open and basically self-financed, how can it be possible to complain about too many patients?The reason for the lack of hands is also caused by the unreasonable personnel positions and work arrangements of the hospital itself, and economic considerations can explain everything.

Second, insufficient manpower can easily lead to medical damage.

According to Mr. Lin's practical experience, it can be said that most of the medical damage is caused by the irresponsibility of medical staff, but it is not necessarily really irresponsible, but there is not so much time and energy for fine management of patients, resulting in many changes in the condition and abnormal indicators being ignored, resulting in some errors that should not occur. The lack of manpower is clearly at the expense of patients' lives and health.

3. Damages caused by insufficient manpower should not be paid for by the patient.

The lack of manpower in the hospital is due to the limited availability of diagnosis and treatment.

According to Article 30 of the Regulations on the Administration of Medical Institutions, ......Patients who cannot be treated due to equipment or technical conditions shall be referred in a timely manner. Lawyer Lin believes that the lack of manpower is a kind of insufficient software conditions and limited technical conditions, and if the hospital is really understaffed, it should not accept or treat too many patients, and should refer patients or inform them to other hospitals**.

There should be no so-called medical run after receiving or treating a patient.

Except under special circumstances (such as epidemics, natural disasters, and emergencies), patients should not complain about the influx of patients and discount services, because there is nothing wrong with patients running to large hospitals and pursuing high-quality medical services.

Under the current legal framework, hospitals can solve the problem of insufficient manpower.

Although the "Regulations on the Administration of Medical Institutions" stipulates that medical institutions shall immediately rescue critically ill patients. However, there is no provision that patients who do not need emergency rescue must not be refused, and hospitals can restrict medical workload in a reasonable and legal form (such as emergency center triage, outpatient number sources, inpatient beds), accept or admit patients suitable for personnel positions, or when there is a shortage of manpower, send additional medical personnel on standby, second and third lines to participate in clinical work, and even recruit more medical personnel.

Medical damage caused by insufficient manpower is actually a failure to fulfill the contractual obligations of medical services.

As discussed above, the lack of manpower is actually a breach of contract if the hospital fails to provide reasonable medical services after the establishment of a medical service contract, so the medical damage caused by insufficient manpower should be paid by the hospital, and the hospital cannot be exempted from the responsibility of hospital management due to the hardships of the busy doctors, let alone let the patient's life safety pay for the defects in hospital personnel management and economic considerations.

In summary, hospitals are not exempt from liability for medical damages due to lack of manpower.

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