The mental hospital can't be ignored while initiating the dispute

The mental hospital can't be ignored while initiating the dispute
Huang WeiZhenIn recent years, the medical dispute lawsuit of mental hospital is concerned by society extremely. If the placing oldly on file of Shanghai, what silk honour case and Zou Yi case in Guangzhou, the luxuriant case of discipline skill in Xi'an, Jia and case and person who circle in the air Wu of Nanjing Duan of Kunming,etc., because party indict mental hospital store infringement of patient's personal right in, spread in the society bubbling with noisely.The mental hospital accepts the convention in hospital the patient for medical treatment at present in our country, it is the patient's close relative that provides the patient's condition, medical history for hospital and requires that carries on hospital treatment to the patient, both sides sign and entrust the letter of consent, after paying certain therapeutic expenses in advance, relieve oneself therefore at the beginning in activity of making a diagnosis. In above-mentioned medical dispute, have tort for tell with hospital by mainly, make the medical practice that the mental hospital has run for many years challenged virtually.Pay attention to the tort in hospital with potential procedureCompared with general hospital, the medical care of the mental hospital is more special, mostly crossing even if tort exists one or transient one, this is determined by essence and characteristic of the mental hospital. But even so, the hospital should dispel the existence of these potential tort gradually. Through an analysis of above-mentioned case, I find to in hospital procedure of our country mental hospital, really exist and encroach on patient's links or behavior with potential personal right.First of all, there is behavior of encroaching on patient's civil right.According to the regulation of law, our country asserts the mental patient's civil capacity, must pass the application of the interested party, is declared in accordance with the law by the people's court. And the realistic method is that the patient's close relative makes the judgement to the patient's thinking or behavior, then put forward the requirement for making a diagnosis and giving treatment to medical organization. Spiritual disease of patient after the diagnosis, exercise all right of making a diagnosis by relative its even more, including restraining the patient from leaving hospital or foreign the communication being free, etc.In fact, in the mental patient, only some people belong to and limit civil capacity or totally civil capacity people, and asserting whether to accord with the regulations of law to this part of patient's civil capacity, must confirm by fulfilling the legal procedure in the legal department, anyone does not have this right. So, the mental hospital of our country accepts the mental patient for medical treatment and is in hospital, exercise civil capacity and right method in asserted or acted for it by the relativing and adopt the way of acquiescing, have deprived the patient's own medical choice right virtually. So long as initiate the dispute, the hospital is very apt to become the defendant or is added extra as the defendant.Second, there is form of encroaching on right of patient's freedom of person.Building arrangement of most mental hospitals of our country is mostly confining wards such as the iron gate, barred window,etc., the patient came in and went out the behavior of the ward was controlled strictly. The starting point of this kind of management style is to protect the personal security of the patient and others, but a kind of potential form of encroaching on right of patient's freedom of person. Though there are clear regulations on this in the law at present, its spirit to the patient injures really very big, not only let the patient still have a lingering fear after leaving hospital also make the public " turn pale at the mere mention of sth. terrible " to the mental hospital .
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