In the live broadcast room, fans and friends often say that they can't win a medical dispute lawsuit with a big hospital, is it true? Mr. Lin will explain this issue to you in a few points.
1. The data on the judgment online basically negates this suspicion.
A little statistics on the proportion of the top three hospitals in the cases won by the top three hospitals or patients on the judgment document online can basically draw a conclusion: there are many medical dispute cases in which the top three hospitals lose the lawsuit, especially the proportion of high compensation amounts is higher.
In addition, most of the cases of lawyer Lin** are also from tertiary hospitals, especially the hospitals affiliated to 985 universities, because of the large volume, many patients and high turnover rate of such teaching hospitals, so the number of medical dispute cases is also large.
2. Large hospitals take legal procedures to resolve medical disputes, and respect objective facts.
Because there are many cases, so large hospitals have formed a fixed working procedure to deal with disputes, more than a certain amount of claims, either to have appraisal results, or to have a court judgment, they like to ultimately take responsibility according to the normativity of diagnosis and treatment behavior, so the various procedures in the litigation process will basically cooperate, as long as it does not violate the general principle, the medical record information will be provided, such as complete medical records, and do not belong to the traditional medical record intervention, laparoscopic surgery**, Imaging electronic data will be provided at the request of the patient, if the patient's imaging ** is lost, the request for re-injection will generally not be deliberately disagreed; When the court crosses the evidence, there will be no deliberate omission of medical records, or delay the process of litigation by submitting medical records late. That is to say, large hospitals rarely do some stumbling behaviors to prevent the litigation process, and are willing to cooperate with the legal process and bear the corresponding responsibility.
3. Mediation in the court is faster.
Because of the abundant financial resources of large hospitals, if both parties are willing to mediate before or after the appraisal results, they will try to mediate with the patient, and it is more neat. Generally, for claims within 100,000 yuan, the success rate of mediation before appraisal is relatively high, and the affected party does not ask for compensation that exceeds the intermediate liability coefficient after the appraisal result is issued (for example, the secondary liability does not exceed 30%), and the success rate of mediation is also relatively high. The case is settled through mediation, and the patient can get reasonable compensation faster and with less risk.
Fourth, it is necessary to pay attention to the selection of appraisal institutions for lawsuits with large hospitals.
Because there are many litigation cases in large hospitals every year, the courts are basically fixed, and the appraisal institutions are also basically fixed, so the big hospitals will have a good relationship with the appraisal agencies, at least the appraisal agencies in the province have a good relationship. Therefore, the provincial appraisal agency will basically not issue an appraisal conclusion that is very unfavorable to the hospital, unless the fault is very obvious and the objective responsibility is very large. Therefore, if you can choose an institution outside the province in the process of selecting an appraisal agency, the farther away the better, especially the appraisal agency in Beijing, which generally does not issue an objective and fair appraisal conclusion because of the brand of a large hospital, but is relatively sympathetic to the patient, because the original intention of the patient to choose an appraisal agency outside the province is to seek a more fair result.
Fifth, find a professional medical lawyer** has a better chance of winning.
As mentioned above, the vast majority of Mr. Lin's medical dispute cases with large hospitals will be won, which is not only the addition of professional knowledge, but also the result of the accumulation of a large number of litigation experience, and the "tacit understanding" formed by dealing with large hospitals, whether it is a hospital, an appraisal agency or a court, the case will become more objective and fair due to the intervention of professional medical lawyers with familiar faces.