Lawyer Lu looked at Gu Zhijie: "Dean Gu, then please tell me clearly." Do you have anybody, whether it's a doctor or a nurse? Did you fulfill your obligation to verbally inform us before the surgery? - I made it clear, explained to us in the plain language you wrote above, did you? ”

Gu Zhijie frowned and looked at Sun Tao.

Sun Tao shrugged.

"Of course not!" Lawyer Lu said coldly, "If there is, ask him to come out and I will confront him!" Because I signed my father's surgery, including this notice, I was present during the whole process. I didn't see a doctor or nurse to explain the consent form, and I asked my brother and my father, and they both made it clear that no one had done anything about it. If you have, please show evidence. ”

Sun Tao said angrily: "Even if I didn't tell you, it means that we are at fault?" ”

"That's right. Your failure to inform violates our right to know, which is a patient's right under the law. ”

"Which law says we must tell you orally? Can't you see it for yourself? Black and white. ”

"It's terrible not to know the Fa!" Lawyer Lu shook his head and sneered, "In that case, Director Sun, I will popularize basic legal knowledge to you at the meeting." ”

She took out a copy of the law from her bag, quickly turned to a page, and read: "Article 55 of China's Tort Liability Law stipulates that medical personnel shall explain the patient's condition and medical measures in the process of diagnosis and treatment, and medical personnel who need to carry out special examinations and special treatment shall promptly explain the medical risks and medical treatment plans to the patient, and obtain their written consent. ”

Note that the term "should" is used here. That is, you have obligations under the law. And it's instructions. - What do the words 'explain' mean, Director Sun, you don't need me to explain it to you, do you? ”

Sun Tao's face was suddenly red, and he was speechless.

Gu Zhijie had never encountered a medical dispute over the right to know before, so he didn't notice this either, and couldn't help but turn his head to look at Lawyer Dai.

Lawyer Dai also took out a copy of the code, opened it, and then said calmly: "Lawyer Lu, Article 17 of the Supreme People's Court's judicial interpretation of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Liability for Medical Damages stipulates as follows: 'If a medical person violates the obligations stipulated in the first paragraph of Article 55 of the Tort Liability Law, but does not cause personal injury to the patient, and the patient's request for medical malpractice to bear liability for damages, it will not be supported. ”

In other words, even if the hospital does not fulfill its obligation to take the initiative to inform and does not verbally explain to you the possible recurrence of cancer after surgery, etc., there is a certain amount of inaction and violates your right to know, but if it does not cause your father's personal injury, the hospital does not need to compensate. It is generally understood that the personal injury referred to here does not include the damage caused by the operation itself. Therefore, there is no legal basis for you to demand that the hospital bear the liability for compensation based on the fact that your right to know has been violated, and it will not be supported by the court. ”

Hearing Lawyer Dai's explanation, Sun Tao immediately breathed a sigh of relief, and even raised his toes a little, while Dean Gu did not have any expression.

Lawyer Lu said to Lawyer Dai: "First of all, I do not agree with your understanding of causing personal injury in this judicial interpretation. Opinions differ on how to interpret this judicial interpretation, especially on how to interpret the article that will cause personal injury to patients. There are also differing opinions as to whether the surgical injury is a personal injury to the patient. This is because once you have fulfilled your strict obligation to inform and respected the patient's and family's right to know, the patient and family will be able to make a judgment based on the content of the notification and make a choice whether to undergo surgery. ”

"If the hospital clearly reminds the patient or family of the possible risks of surgery, so that the patient and family members are clearly aware of the serious consequences, they may make other choices, because in many cases, surgery is not the only option, and the purpose of treating the disease may also be achieved without surgery, using other treatments, such as traditional Chinese medicine treatment. Patients can also opt for radiotherapy and chemotherapy to treat the tumor on the original liver without liver transplantation. To make these choices, these patients and their families must rely on the hospital's clear notification obligations, and the doctor's medical knowledge needs to be used to enable the patient or family to make the most suitable choice for them. ”

"If you don't fulfill these obligations, patients and families will not be able to exercise their decision-making power, and there is a causal relationship between the two. Therefore, if you do not fulfill your obligation to inform, the patient and family will not be able to make a choice and will have to passively undergo the surgery. Can you say that the damage of surgery is not a kind of damage? ”

Lawyer Dai shrugged his shoulders: "There are indeed different understandings of this, but it is generally the kind of view I said earlier. ”

"That's what you understand, is there data to back it up? How many scholars agree with you? ”

"You are drilling the horns, but the legal dispute, we can let the court adjudicate, there is no need to expand on it here, does Lawyer Lu have any other opinions?"

"Absolutely, it's just the beginning." Lawyer Lu calmly glanced at everyone, and his eyes fell on Sun Tao's face, "Director Sun, if you had fulfilled your obligation to inform and let us know the possible consequences, maybe we would have chosen not to do a liver transplant and instead used other treatment methods, other methods may be able to prolong my father's life, and the worst is not to suffer for so long in your hepatobiliary department!" ”

Sun Tao blushed and said, "Lawyer Lu, you can't say that, cancer pain is not something we can decide, it is a big and difficult problem that every cancer patient faces, and no one can do anything. ”

"Really? Why is there a way to do it? After my father transferred to the Department of Traditional Chinese Medicine, from the very beginning, Dr. Zuo and they adopted the treatment method of combining traditional Chinese medicine and Western medicine, and used traditional Chinese medicine with ** drugs, which greatly relieved my father's pain, improved his quality of life, and made him smile and finish the last journey of his life. ”

"It was because of this experience that I firmly believed that if we had been fully informed by you at the time, we might not have made surgery, which turned out to be the worst option, and that other treatment options, such as cancer survival, would have been much better than we are now. Therefore, I believe that your failure to fulfill your right to inform is not a minor flaw, but a fatal mistake! ”

Sun Tao couldn't hold back any longer, stood up suddenly, pointed at Lawyer Lu and said angrily: "Alarmist, you are hindsight!" ”

"Of course I'm hindsight, I don't want you, Director Sun, to anticipate the result in advance, and I'm busy covering up."