Act of Heimlich Maneuver: The Responsibility of the Contract and the Infringement during the Hospitalizing
It would be clarified that the subject who takes responsibilities is the manager of the hospital or the manager of departments, instead of the nursing staff who conceived instructions. Than the difference of the criterion between the medical standard, medical conventions and the duty of good administrator which the nursing staff shall obey would be explained. The justification that “against medical standard means fault” in legal practice leads to the doubt that the legal concept of fault depends totally on medical judgments. Furthermore, there were risks that the judges who don’t have any professional medical knowledge could misunderstand the medical standard or medical appraisal opinion, if there were different medical standards or medical appraisal opinions in a disputed case. Finally, it would be clarified that it was always lack of analysis of the responsibility based on medical contracts, while the infringement by single nursing staff was usually emphasized in legal practice. Starting with a discussion about the responsibility of the hospital as the response of the patient who claimed compensations to the hospital instead of single medical personal and nursing staff, this article would claim that the dilemma that it would be difficult for patients to claim any compensation and that physician would be stunned could be avoided on the one hand, and would make the hospital improve the quality of medical service on the other hand.