On the Legal Regulation of Internet Hospitals
The Internet hospital I am talking about here does not refer to the Internet diagnosis and treatment system established by the hospital and directed to serve the hospital. This kind of Internet diagnosis and treatment system, all online consultation, initial diagnosis, referral, medical order, dispensing, returning, etc. are all from the same hospital. Under the doctor's implementation, all medical activities are closed in the same hospital, typically the Guangdong Internet Hospital established by the Second People's Hospital of Guangdong Province. I think that such an Internet diagnosis and treatment system is called an Internet hospital, and it is called an Internet value-added service provided by the hospital. However, despite the national perspective, there are still few hospitals that have established such a treatment system. From a legal point of view, the responsibility related to the diagnosis and treatment behavior based on the system is borne by the hospital, and the Internet company (if any) is responsible for the contract or tort liability arising from the improper performance of the Internet service.
The Internet hospital in this article is based on an open architecture. Online doctors are not in a hospital, a province or a city, or even a country. Drugs, equipment, testing, treatment, and surgery are also inconsistent. Patients are also open-ended. Under such an open structure, doctors and medical institutions that establish medical service contractual relationships with patients are constantly changing in a dynamic manner. The so-called human beings are patients, and patients are looking for thousands of patients, truly thinking that patients are the center. However, it can be called an Internet hospital, which indicates that such an Internet diagnosis and treatment system is closed-loop. From the patient's first online medical consultation, the completion of the final medical treatment, all the medical treatments are closed in this system. I refer to the Internet diagnosis and treatment system that meets the above characteristics as an Internet hospital. The Wuzhen Internet Hospital, which was established on the basis of the Third Hospital of Tongxiang City, Zhejiang Province, meets this characteristic. It is also the first to have a “Medical Doctor†network that is precisely matched for patients with surgical needs and provides surgery and surgery hospitals nationwide. specialty. The difference between Wuzhen Internet Hospital and the famous doctor is that the former can provide services for patients of all diseases; the latter mainly provides services for patients who have already had surgical needs. I am happy to see that in the near future, Internet hospitals that are limited to a certain specialty or provide " precise medical care " will continue to emerge. Of course, there will be more Internet hospitals offering comprehensive subject services. The legal subjects and legal relationships involved in Internet hospitals are extremely complicated. This article focuses on the legal regulation of Internet hospitals in the true sense.
Before formal discussion of the legal regulation of Internet hospitals, please allow me to philosophically briefly predict the future of Internet hospitals, and have the value of legal analysis in the future. Historically, the order and disorder of human society have come from the substantial inequality of the population. In the wilder era, the substantial inequality is mainly reflected in the inequality of physical strength, which forms the primitive social order centered on the family of strong physical strength. When new physical strengths challenge, the society enters disorder, until the society enters disorder. The new order was established; as civilization evolved, intellectual inequality gradually gained the upper hand, and ideological control became the most important source of order. The ranks and losses of the medical field also follow this principle of substantive inequality. The earliest doctors are actually witches and witches. They monopolize the only medical knowledge of human beings. The life and death of patients lies in their acquisition and inheritance. Nowadays, human beings can learn medical knowledge in many ways, but medicine has become more complicated. It is still difficult for ordinary people to master. Of course, it is much better than ancient times. As for my more than ten years of medical litigation, I have contacted thousands of doctors and patients. The most profound observations are consistent with the above historical conclusions: substantial inequality in medical knowledge is the deepest source of medical negligence because of the absolute advantage of information. The doctor may become sloppy, because the absolute disadvantage of the information, the patient may become fascinated. The five poisons of the Buddha's words: greed, jealousy, idiot, slowness, doubt, and doctors and patients are one of them. The specific negligence in the process of diagnosis and treatment includes: the doctor is too lazy to say, the patient is too lazy to ask, this constitutes the fault of the informed consent of the doctor-patient communication disorder; too believe that his medical skills think that the patient can not understand the fact that the patient is not aware of the damage This constitutes a fault of overconfidence in the diagnosis and treatment; it is free to use the doctor's natural power and think that the patient does not know what is called the treatment norm and causes damage, which constitutes negligence in the diagnosis and treatment (slack) Negligence. Overconfidence and negligence are the roots of the two major negligence behaviors of civil law.
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