How to think about a medical worker privately patient's selling medicine behavior

How to think about a medical worker privately patient's selling medicine behavior
Kong FanJunThe albumin of false human blood makes the patient become vegetablesBecause Qingdao citizen Jia suffers from " Cerebral hemorrhage " ,Move in a local hospital to treat. After the operation, the health of Jia begins to resume. The doctor finds the albumen content of blood of Jia relatively low, then propose the patient family members if economic condition permitting, can buy some human blood albumins for a patient use.Because there is no albumin of human blood in the drug storage of this hospital, seldom there is this kind of medicines in the local other hospitals. Jia's family learn a nurse whose surname is Wang of hospital has albumins of human blood in the hand, would contact the other side at once, successively cost more than 30,000 yuan, had bought albumin of 65 pieces of human blood from hands of this nurse. These albumins pack the sign on " Zhanjiang Pharmaceutcal Co., Ltd. of a pair of forest of development zone of Three-nine Group produces " ,The lot number is all 20070924.Jia uses the albumin more than one month later, the unexpected whole body edema, headache is violent, eyes open and does not open either The doctor analyzes that may be bought by the patient family members " The albumin of human blood " Quality is problematic, remind relatives to change medicines at once. Its family ask someone to bring 3 albumins from other channels promptly again. Use, Jia Xiu blue some edema disappear, the albuminous content obviously rises too in the blood, though has kept the life, has become " vegetables " .And then verified by authoritative department's test, the albumin of human blood that Jia family bought by oneself is false medicine, protein content among them is only 5.1%, require more than 95% to be standard and differ greatly with the country. Then Jia's family report a case to police promptly, police and medicine supervise the department and get involved in the investigation. Check and verify the albumin of false human blood finally and come from some hands slowly of the emergency tender drivers of this institute. Subsequently, some is arrested by police slowly, the nurse participating in selling medicine is warned and punished by the hospital, leave the nurse post under order, and wait for the judicial authority to investigate and handle at any time.After the thing happens, Jia's family require the hospital to bear responsibility. But the hospital thinks, the nurse of the hospital has really sold false medicine to patient relatives, but this self-dealing, medicines take procedure of hospital, enter the drug storage, the hospital knows nothing to this. In addition, the hospital has clear regulations to buy medicines by oneself to the patient, namely" patients or relatives must apply to the doctor to buy medicines by oneself first, need signing and confirming too before using medicines. The doctor has not checked the patient buys the responsibility of the medicines true and false by oneself. " And Jia's family have really fulfilled this procedure.Case analysisShould stop medical worker's private selling medicine behaviorTaking a broad view of this case, doctors and patients both sides have not fully up to expectations, provide food for thought.First of all, suffer from side, no matter in what case buy by oneself medicines, take, arrive regular pharmacy or hospital buy, can't buy from individual or unit not having the ability to develop, should ask for the definite invoice while buying. Otherwise, bad medical consequence takes place because of buying medicines by oneself improperly, patients should bear legal liability by oneself.Secondly, medicines are that the country rigorously enforce the special goods of management abiding by laws, there are strict categorised control measures. But behavior to sell medicines, staff member of hospital, to misunderstand or lose and watch out for, especially the patient's physician-in-charge or selling medicine behavior of ward nurse. Because this kind of deal behavior is totally done by individual, but not post behavior, the legal liability produced by this should be undertaken by both parties.Because medicine of hospital sell and supply channel clear a single one, when the patient gets it filled by oneself, it is to go on to row prices, get it filled in the particular occasion, it is particular channels too that the expenses are paid. If the patient pays separately and purchases medicines except medicines supply channel of the hospital, no matter medicines are supplied it is everybody, should realize this is a behavior outside the courtyard while suffering from the side, have nothing to do with the hospital. What merits attention is, if is after medical workers such as a physician-in-charge or nurse,etc. sell medicines to one's own responsible patient, use medicines this through one's own therapeutic behavior, or the intersection of hospital and staff member sell behind the medicines to patient, the corresponding expenses are under the situation paid to the medicines supplier by the hospital, behavioral property one another cup of tea of the staff members of the hospital.The medical worker uses a patient to buy from medicines of the illegal channel in treating, therapeutic behavior its the intersection of post and behavior, ought to make risk, prove and obtain consent of patient to patient. Otherwise, the hospital uses this medicines and causes bad consequence on condition that knows it will not be explained that the medicines source is illegal perfectly well, the hospital should bear appropriate legal liability.Moreover, because of professional knowledge and information advantage, the hospital should be strengthened and served consciousness and management in the patient buys purchase and use of medicines by oneself, and forbid the medical worker to sell medicines to the patient strictly. Endanger under the serious situation in present medical the intersection of trade and very different, false the intersection of medicine and bad medicine, the hospital is based on professional knowledge and information advantage, should buy medicines by oneself and offer essential speciality and information service to the patient, but not apply to examine and use the system of agreeing briefly. But such obligation based on job ethics, should not become the basis that the hospital undertake to buy the legal liability of medicines by oneself. The reason is, should have legitimate ability to judge medical marketing channel to suffer from squarely as the person with normal intelligence, if cause the bad consequence because of realizing the insufficient or error in judgement, ought to bear legal liability by oneself.In any case, the lesson of this case is still worth medical organization's keeping in mind, should fully realize the harmfulness that a medical worker sell medicines to the patient without authorization, strengthen the management of the hospital, stop the medical worker selling the behavior of medicines to the patient firmly. Otherwise if hospital know medical worker their perfectly well until patient sell medicines and refuse, prevent illegally in hospital, it is even its words that closed the account, the hospital should bear corresponding legal liability.(Author's unit: Law school of Shandong Liaocheng university) With the enhancement of health consciousness, people pay more and more attention to with the life closely bound up health problem, such as the food security, medical treatment is ensured, medical information,etc., healthy life should be from understanding information begins!More excellent health information please enter:News channel
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