Clear ｜ Life is dying without signature, who is responsible for the rescue？ There is a saying!

　　Cctv newsToday, the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes (hereinafter referred to as the Interpretation) issued by the Supreme People’s Court has been officially implemented.

　　There are twenty-six articles in the Interpretation, which are divided into six parts: the scope of application, the determination of the subject qualification of the parties, the burden of proof, the appraisal procedure, the responsibility, and the supplementary provisions, and are made clear for the first time.In case of emergency, medical institutions shall not be liable for compensation for disputes caused by approved rescue measures.

　　Family members of critically ill patients are not responsible for signing the hospital rescue.

　　Article 56 of Tort Liability Law stipulates the contents of emergency medical measures implemented by medical institutions in an emergency. However, in practice, there are great differences on how to understand the problem of "it is difficult to obtain the consent of patients or their close relatives" in this article and the responsibility in emergency rescue situations, which need to be further clarified. The Interpretation stipulates that:

　　For emergency situations such as saving dying patients, if the opinions of the patients or their close relatives cannot be obtained, the medical personnel shall immediately implement the corresponding medical measures with the approval of the person in charge of the medical institution or the authorized person in charge, and the people’s court shall not support the patient’s request to the medical institution to bear the liability for compensation.

　　At the same time, the Interpretation also clearly stipulates that medical institutions should bear the corresponding liability for compensation if medical institutions are slow to implement corresponding medical measures immediately, resulting in damage to patients.

　　Medical beauty disputes can apply for compensation.

　　The Interpretation clarifies that medical beauty belongs to the scope of "diagnosis and treatment activities", and stipulates that disputes caused by medical beauty behavior should belong to the scope of medical damage liability, and the provisions on medical damage liability should be applied.

　　At the same time, the Interpretation also refers to the relevant provisions of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions and the Measures for the Administration of Medical Beauty Services, and clearly defines the liability dispute of medical beauty damage to distinguish it from the liability dispute of life beauty damage.

　　Patients who cannot submit evidence of hospital fault can apply for identification.

　　After the occurrence of medical disputes, the problem of burden of proof is an inevitable problem in every medical damage liability dispute, and it is also a concern in medical damage liability dispute cases. Article 54 of the Tort Liability Law clearly stipulates that medical institutions and their medical staff are at fault if patients are damaged in the diagnosis and treatment activities, and the medical institutions shall be liable for compensation.

　　Under the premise of strictly following the legislative intent, the Interpretation further clarifies the judicial application rules:

　　If a patient claims that a medical institution is liable for compensation according to the provisions of Article 54 of the Tort Liability Law, he shall submit the evidence of medical treatment and damage to the medical institution;

　　If the patient is unable to submit evidence that the medical institution and its medical staff are at fault and there is a causal relationship between the diagnosis and treatment activities and the damage, the people’s court shall allow the application for medical damage identification according to law;

　　If a medical institution claims not to be liable, it shall bear the burden of proof for the defense reasons such as the circumstances stipulated in the first paragraph of Article 60 of the Tort Liability Law;

　　As for the dispute over the liability of medical products, the Interpretation stipulates that the people’s court shall allow patients who are unable to submit evidence that there is a causal relationship between the use of medical products or the input of blood and the damage, and apply for identification according to law.

　　Victims who intentionally produce and sell defective medical products can claim compensation from them.

　　Tort liability law establishes a punitive damages system in the chapter of product liability, which aims to punish the behavior of intentionally putting defective products on the market and causing serious personal injury to users, and urge producers and operators to regulate their behavior, so as to fully protect the legitimate rights and interests of product users.

　　With reference to the second paragraph of Article 55 of the Consumer Protection Law, the Interpretation further specifies that:

　　The people’s court shall support the case that the producer of medical products still produces medical products knowing that they are defective, or the seller of medical products still sells medical products knowing that they are defective, resulting in the death of patients or serious damage to their health, and the patient requests the producer or seller to compensate for the losses and punitive damages less than twice the losses suffered.

　　▌ This article Source: CCTV News, China News Network.