In the medical field, it is inevitable to encounter the diagnosis and treatment of doctors and patients of the opposite sex, and the various conflicts and prejudices mixed with it cannot be ignored.
Recently, a classic medical case previously released by the Kaifu District People's Court of Changsha City, Hunan Province has caused heated discussions in the industry.
01_The male doctor was injured when he changed the hemorrhoids for a female patient
It is reported that a female patient Jiang in Changsha, Hunan Province went to the hospital to change dressings after hemorrhoids surgery, and it was a male doctor who carried out the dressing change operation, and the male doctor Feng touched his private parts when changing the dressing, so the patient thought that the male doctor was deliberately frivolous, so he told his family that the patient's husband, Liu, gathered Jiang and Chen, a total of three people, to find the doctor to ask for an explanation, and beat him to a slight injury.
After the doctor was injured, he was sent to the First Hospital of Changsha City for treatment and hospitalized for 5 days, and after diagnosis, Feng's injuries were: concussion, pulmonary contusion, intestinal contusion, left ear contusion and infection, multiple skin and soft tissue contusions throughout the body, and lung infection.
After forensic evaluation, Feng was slightly injured, and after investigation, the police believed that the patient's family and other three people had formed a gang to beat others, and according to Article 43 of the Public Security Administration Punishment Law, they should be detained for 10-15 days and fined 500-1,000 yuan.
After the doctor was discharged from the hospital, he did not choose to settle, but sued the patient to the court with a complaint, insisting on an apology and restoration of his reputation, and demanding that the three patients jointly compensate 12,900 yuan for medical expenses, 30,000 yuan for mental damages, lost work expenses, and follow-up treatment expenses totaling 58,661 yuan.
After review, the court found that Feng spent 12,900 yuan in medical expenses for the treatment of the injury, which was evidenced by bills, and the defendant had no objection, and the court found it; Lost time pay shall be recognized; nutrition expenses are recognized; Feng X demanded 30,000 yuan in compensation for moral damages, but his injuries were minor injuries and did not cause serious harm to Feng's mental damages, so they were not supported; Feng claimed that the follow-up treatment fee was 5,000 yuan, but did not provide relevant evidence, and the court did not support it.
As for the patients Jiang and Liu, they pointed out at the trial that Feng was at fault for the occurrence of this incident, and Feng's improper words and deeds towards Jiang in the course of practicing medicine were the main reasons for the occurrence of this dispute. However, the affected party did not provide relevant evidence to prove this, and the court did not accept it.
To sum up, the court finally ruled that Jiang, Chen, and Liu should compensate Feng for medical expenses, hospital meal subsidies, lost work expenses, nursing expenses, transportation expenses, and nutrition expenses totaling 19,496 yuan.
02_Where is the boundary between normal medical treatment and medical indecency?
In response to the above cases, many medical staff also expressed their opinions:
"Patients don't have to worry too much, doctors only have organs in their eyes, and there is no gender distinction"
"Whether a doctor will be molested has nothing to do with the profession, it has to do with people"
"Alas, that's why doctors now prefer to prescribe more examinations and fewer physical examinations."
"When a male doctor examines a female patient, a third person must be present. Doctors' medical behavior needs to be regulated at all times. ”
……
In medical diagnosis and treatment, the permutations and combinations of male doctors and female patients, female doctors and male patients are very common, and due to the special profession of doctors, it is inevitable that they will come into contact with the private parts of patients in many cases, and how to distinguish between normal medical behavior and indecent crime has become a big problem.
In fact, the current laws on the mainland do not have very clear provisions on the boundary between normal diagnosis and treatment and medical indecency.
In general, a very important criterion is whether the procedure is necessary. In the process of treating patients, if the doctor's operation meets the patient's symptoms and diagnostic needs, it will generally not be determined to be intentional indecency; However, if the doctor's operation exceeds the needs of the diagnosis and treatment and is not relevant to the patient's situation, the law will consider the possibility of deliberate indecency.
Under normal circumstances, doctors will abide by medical ethics and treat patients in accordance with rules and regulations. However, it cannot be denied that there are "rat droppings" in all walks of life. Over the years, doctors have used their position to gain the trust of patients and engage in indecent acts.
Previously, some media reported that Ms. Huang, a 25-year-old woman in Xiamen, went to the local Xianyue Hospital for a physical examination because of her health certificate, during which she was molested by a 60-year-old male doctor. After reporting to the police, the Siming Branch of the Xiamen Municipal Public Security Bureau investigated and determined that the situation was true, and imposed a penalty of 5 days of administrative detention on the doctor involved in accordance with the "Public Security Administration Punishment Law of the People's Republic of China".
In addition, according to medical ethics, health departments in various parts of the mainland have relevant regulations that male doctors must be accompanied by a female medical staff when examining the sensitive parts of female patients, and must not talk or chat with female patients excessively, and must not conduct unnecessary examinations or excessive examinations.
03_How to solve the contradiction between the diagnosis and treatment of doctors and patients of the opposite sex?
Although with the evolution of concepts, more and more people no longer care about the gender of the doctor, but pay more attention to the professional and technical level of the doctor, the contradiction between doctors and patients of the opposite sex still exists and has attracted much attention.
The above-mentioned statement that "a male doctor must be accompanied by a female medical officer when examining the sensitive parts of a female patient" is just a way to prevent doctor-patient disputes. In fact, it is difficult to do this in some departments that require frequent examinations of sensitive areas.
So, how to avoid being misunderstood by patients in the process of diagnosis and treatment?
Some experts mentioned that the best way to avoid misunderstandings is to standardize the diagnosis and treatment process. The physician should communicate with the patient in advance when examining the patient's private parts, and if the patient has questions about the method of examination, the physician should conduct the examination in the presence of the patient's family members and medical staff.
At the same time, medical institutions should also further improve the mode of supervision and management, establish a punishment mechanism, implement a zero-tolerance attitude towards doctors who commit indecent acts, and promptly purge the medical team.
At present, some hospitals, especially the top three hospitals, are faced with problems such as a large number of patients and high medical pressure, and sometimes it is easy to neglect the medical experience of doctors and patients of the opposite sex. Therefore, the hospital strengthens the protection of patients' privacy and personal dignity, which is also the key point to alleviate the conflict between doctors and patients of the opposite sex, so that patients can feel respect and care, and reduce unnecessary misunderstandings.
At the end of the day, the process of seeing a doctor is about curing a disease, and both the doctor and the patient are working towards a common goal. Therefore, patients may wish to lose their prejudice against doctors of the opposite sex, and have more trust in the doctor's professional diagnosis and treatment ability, and the doctor abides by the norms in the diagnosis and treatment process, respects and protects the patient's privacy, which is the only real win-win move.
Resources:
[1] Lesson! The female patient changed the dressing after hemorrhoids surgery, and was dissatisfied with the male doctor's operation and injured him! The doctor sued the court, claimed 58,000 and demanded an apology from the patient! Where is the boundary between normal medical treatment and medical indecency? - Metz Medicine
[2] Male doctor in otolaryngology clinic accused of "indecency" by female patient, sensitive examination supervision system is about to come out - Physician Daily