On The Status Quo Of The Medical Students Internship Rights And Legal Remedies

Clinical Medicine is a very practical multi-disciplinary clinical practice isan important part of training medical students basic medical skills and ability to work.The level of the quality of clinical practice not only affects the patient’s physical andmental health, the hospital’s normal teaching and clinics order, it is the success ofmedical students graduate, get a diploma and degree certificates, improve medicalstandards, to become a qualified medical plays a crucial impact. In recent years, thelevel of medical technology and the economic development level and continuouslyimprove, more and more complicated medical treatment process, medical malpractice,the doctor-patient relationship is unprecedented tension, beaten by family members ofpatients doctors, row conduct of the hospital is not uncommon. Intensified medicalmalpractice hospitals and medical workers has become the focus of the society,doctors and interns decline in social status, and gradually become the target of publiccriticism of public opinion, has been condemned from all aspects. However, insolving medical problems, the measures taken by the state and the community and thefocus of attention is mainly concentrated in the the normal clinic order on how toprotect the rights of patients and hospitals, standing on the patient’s point of advice forpatients, ignoring the medical the status and role of interns in the medical activitiesand the protection of their rights. For example: the People’s Republic of China onMedical Practitioners "no mention of the right to practice. Sociologists committed toresearch on how to protect the patient’s privacy, the right to information, autonomy,the news media have condemned the irresponsible of the interns.This paper analyzes the concept of the nature and characteristics of the internshipright, right to practice is essentially a right to education, a clear difference between theright to practice and intern rights, this paper focuses on the right to practice instead of interns rights. Explore the relationship between the schools, hospitals and interns froma legal point of view, the analysis of the rights and obligations between the three.Second, the combination of medical malpractice case analysis of the current status ofmedical students internships, internship facing the dilemma of the right reasons.Mainly from three aspects: First, because the the school recent years, enrollment,teaching resource constraints and the continuous increase in the number of graduates,the school ignored the pressure to ensure that the graduation rate and the employmentrate management internship activities, internships rights often lack of protection of theschool. Tense doctor-patient relationship is not conducive to the successfulcompletion of the internship intern, the patient’s privacy, autonomy and the right topractice the illegal practice of medicine will inevitably be contradictions, conflicts,often become the focus of public attention and protection of the interests of patients,the internship right shall give way to the former. Hospitals and teaching of physicianacts of internship for medical students need to take under the constraints of the "TortLiability Act" and other relevant laws and regulations, strict liability, in order to avoidpunishment, only to limit the scope of activities of the intern, at the expense of theright to practice.Then analyzed internship violations of the right, interns Legal Remedy, including theadministrative complaint, the administrative reconsideration, administrative litigationand constitutional litigation. Different ways there are some problems, such as:medical students fear through legal channels to maintain the right to practice medicalstudents internship rights complaint procedures are not standard, medical studentspractice the right to reconsideration system operability, medical students the right topractice administrative litigation system lacks legal basis..Finally, to solve problems the right to practice the Legal Remedy recommended theestablishment of a fair hearing body, clear the scope of the case of the medical students’ complaints, to safeguard medical students the right to petition the specificprocedural rights, establish a defendant in the main body of the school administrativeproceedingsqualifications. Of course, in addition to administrative remedies,constitutional relief system also works well. Only a variety of legal remedies ways tocooperate with each other in order to really play a role to protect the right to medicalstudents internship.