Court: Medical institutions contract clinics to unqualified persons for violations
Wei Zexi’s death continued to ferment. Recently, the Zhuhai Intermediate People's Court ruled that a private medical institution arbitrarily contracted the clinic to an unqualified person for external consultation. First trial: both parties have a faulty contract According to the court's trial, in March 2015, the citizen side and Zhuhai Doumen Modern Outpatient Department signed a "Business Cooperation Agreement", which was provided by the modern outpatient department. It hired medical staff and carried out pain departments in the modern outpatient department. (Physical therapy, massage acupuncture) diagnosis and treatment business, the contract is valid until 2018. Subsequently, Bian paid a deposit of 20,000 yuan to the modern outpatient department, and a management fee of 8,000 yuan. The two sides agreed that each month, the side must pay a management fee of 8,000 yuan. However, soon, Bian found that the modern outpatient department did not obtain the qualification to carry out the diagnosis and treatment of the pain department. This means that he may practice the doctor and may be in violation of the law. He therefore requested that the contract be terminated and the modern outpatient department be required to return the expenses already paid. . In the trial, the Doumen District Court found that according to the cooperation agreement signed by the two parties, the modern outpatient department not only provides medical practice places for privately contracted clinics, but also uniformly distributes prescriptions, treatment orders, inspection orders, and overalls. Medical staff, perform independent accounting and self-financing. However, after investigation, the contractor did not have the qualification of a practicing doctor and did not have the medical qualifications. The court found that the modern outpatient department not only provided a medical treatment site for Bian, but also did not have a pain diagnosis and treatment program. It did not have the qualification to open the business. Both the medical institution and the contractor were at fault and should bear corresponding responsibilities. invalid. The modern outpatient department needs to return the previously obtained 28,000 yuan to the side. Second trial: violation of contracting fault is greater The modern outpatient department refused to accept the appeal and recently filed an appeal, saying that the "Ministry Cooperation Agreement" signed by the modern outpatient department and the side of the party agreed to cooperate rather than contract. Before the signing of the contract, Bian knew that the hospital did not have the qualification to open a pain department. Therefore, the actual development of physiotherapy, massage, acupuncture is not a traditional concept of pain, and Bian is unable to carry out medical treatment because he does not have the qualification of a practicing doctor. The responsibility lies with him. He is unable to go to the Health Bureau. When the doctor registers, there is a major fault, and the fees paid to the modern clinic should not be returned. The Zhuhai Intermediate People's Court rejected the lawsuit of the modern outpatient department, saying that the medical institution loaned the "medical institution practice license" to the side without the qualification of a medical practitioner in disguise, in violation of the "Regulations on the Administration of Medical Institutions". The prohibition of the first paragraph of the three paragraphs, the original trial found that the "business cooperation agreement" signed by the two parties is invalid, the Intermediate People's Court will maintain. The second-instance judgment also criticized that the modern outpatient department cooperated with people who did not have the qualifications of practicing doctors, allowing the other party to receive medical consultations, and their own faults were greater, so the fees charged should be returned. Lawyer No external consultation No actual harm Some lawyers said that in this case, because the medical institution and the contractor were in conflict, the clinic did not actually operate and was consulted externally, so there was no actual social harm. Therefore, in this case, the court only judged that the contract was invalid, otherwise the medical institution allowed no one. There is a great security risk for medical practitioners to use the site and name of a medical institution. If the clinic actually operates and receives patients, then the medical institution and contractor involved must bear the corresponding legal responsibilities and accept the health department. Punishment. Zhejiang Industrial Group Co., Ltd. , https://www.xingyeseafood.com