When an accident occurs in a nursing home, such as an elderly person falling, having a stroke, or dying, it must be estimated that the possibility of litigation and other measures will be taken by the elderly and their families. Most of them use the incomplete facilities of nursing homes and poor sense of responsibility as reasons for litigation.
, especially in the current social environment in China, nursing accident risks are not only legally held accountable, but sometimes face many other Chinese-style problems, such as blocking doors, threats and beatings of staff, etc. Nursing responsibility in China is not only a legal issue, but also a game of multiple forces.
In China, it is not said that every accident handling will be carried out in the legal framework. It is necessary to consider that some elderly people and their families will break through the legal framework and use other means to force enterprises to submit. Generally speaking, other means are mainly divided into four types: ⅠCan the government and relevant departments put pressure on complaints or reports.
Ⅱ takes extraordinary measures such as encircling nursing homes to put pressure on them.
Ⅲ beating, scolding and threatening relevant staff.
Ⅳ uses corresponding communication tools such as media to discredit.
and these four methods are often used together.
So, what measures should nursing homes take after an accident? How to deal with the elderly and their families in the accident?
1. Check the elderly’s occupancy agreement and related attachments to find favorable evidence.
Signing a check-in agreement with the nursing home and related attachments when the elderly are staying in is a strong legal basis for handling accident disputes. He clarifies the possible accidents, handling methods and disclaimer clauses that may occur during the elderly's stay. As long as the nursing home conscientiously implements the service agreement and is at no fault, it should strive to protect its legitimate rights and interests.
2. Save evidence from multiple parties.
The situation in elderly care is diverse, and some problems that are inevitable in the elderly care process are important. It is important for elderly care institutions to achieve the goal of perfect evidence preservation through various means.
1) Storage and on-site processing of medical records, nursing records and original materials.
medical records, health records and nursing records play an important role. Before a dispute occurs, there is generally no problem of fictional medical records, health records, and nursing records. The biggest possibility is that the records are incomplete. Once a dispute occurs, the situation may change. Medical records, health records, nursing records and related materials should be properly kept, or transferred to designated departments for sealing and custody to avoid loss, robbery, alteration, forgery, or destruction.
2) On-site maintenance and physical evidence storage.
: The elderly rescue site and the bodies after death. If conditions permit, try to let the relatives of the deceased witness the scene. After the relevant personnel have made the on-site sorting and recording, the bodies will be transferred to the funeral home for preservation. The whole process is best photographed. For self-injury, suicide, and homicides that occur during hospitalization, once medical staff find out, if there is hope for rescue, they should immediately organize on-site rescue. At this time, moving the elderly is not destroying the scene, and this behavior is legal. If the elderly are not likely to be treated, they should not move and can inspect the site through the public security department. Items that may cause injuries, disabilities or death to the elderly should be kept properly, and samples should be left for reference by retaining residual medicine, blood, and vomiting excretion fluid.
3) Acquisition of evidence as soon as possible after an accident occurs. After an accident occurs, the elderly can collect evidence and preserve evidence through recording, video and other means as soon as possible, and evidence that is relatively beneficial to the nursing home can often be obtained.
3. Treat the elderly’s families who use non-legal means.
1) Disputes caused by some major accidents will attract the attention of the media. Nursing institutions should attach great importance to media investigations. On the one hand, they should have a positive attitude towards their intervention. On the other hand, before the cause of the accident is clear and a conclusion is made, interviews are refused in principle to avoid affecting normal investigations. To this end, media investigations must go through formal channels, follow relevant procedures and obtain the consent of the dean.
2) Use professional knowledge to make a professional interpretation of the incident, and actively guide the situation to the legal track.
3) Do a good job in receiving elderly relatives.
visits and reception are an important part of handling accidents. The reception of the elderly and their families should be designated to be responsible for the reception in accordance with the principle of centralized management.Since the disputes caused by accidents are relatively complex, they are scientific and policy-oriented when handling them. Therefore, the person responsible for reception should have high quality, master relevant policies and regulations, have knowledge of medicine, sociology, ethics and psychology, have strong analytical skills in problems, be good at talking, mastering the real motivations and requirements of visitors, and do a good job in guidance according to local conditions, and strive to solve the problems in the visitor.
is emotionally excited, rude and abused, and asks nursing homes to answer the causes of the elderly’s injuries and death as soon as possible, and admits the "fault" of the elderly’s family. The receptionist should be calm, calm, enthusiastic and sincere. While expressing deep condolences to the visitors, he should explain the internal causes of the elderly’s injury and death and point out the ways to solve the problem. For elderly people who die suddenly, relatives should be advised to undergo autopsy (referred to as "autonomy") to clarify the importance of autopsy. The autopsy is usually submitted within 48 hours after the death of the elderly and should be conducted by a qualified unit. The family members who refuse to have an autopsy should sign or record the document for verification. In short, it is very important to stabilize the elderly’s family through conversation.
reminders
A. For more serious accident disputes, the head of the department and the leader of the institution should participate to avoid the occurrence of the relevant parties. When dealing with an accident dispute, the reception staff is relatively fixed to avoid changing personnel and being unfamiliar with the situation, resulting in inconsistent responses and explanations, which leads to new disputes.
B. The reception staff should listen patiently, let the visitor state all the things they want to say, and keep detailed records to gain the trust of the visitors. Do not interrupt the conversation easily. At the same time, through the client's statement, understand the crux of the dispute and what problems need to be solved.
C. Cannot answer immediately.
D. For some elderly families who are overreacting, the receptionist should have the courage to take responsibility and not be afraid of trouble. Precautions should be taken for individual elderly relatives who surround, smash nursing homes, and beat staff.
E. Rationally use the voices of other elderly people to put pressure on the government and society, so that the government and society work together with enterprises to stop the troublemakers and bring the incident back to the track of the law.
F. In the organization's rules and regulations, the right to deal with accidents is shifted up to reduce the pressure on relevant staff.
G. Adhere to the attitude of resolving related accidents within the legal framework.
H. Usually, for nursing homes, the timing of calming the situation needs to be carefully considered. In many cases, there is no need to quickly calm the situation. If the situation allows, delaying is also one of the solutions to the problem.
