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精神病科与其它科室比较是一个特殊的科室,其医疗纠纷的产生也有其特殊性,除具有普通科室医疗纠纷的共性外,还有其自身特点和内在规律。1 精神病科医疗纠纷的特点1.1 病人的依赖性 精神病人与内、外科等其它疾病患者最主要的区别是,患者多为无责任能力,对自己的病情缺乏自知力,也就是《民法通则》所讲的“无民事行为能力人”,其行为由法定监护人负责监护。而目前国内精神病科(院)多为封闭病房,一般不需家人陪护,也就是说在住院期间其法定监护人多无法完全履行其监护责任。而精神病人住院;医院只承担对
Compared with other departments, the Department of Psychiatry is a special department. The occurrence of medical disputes also has its own particularities. Apart from the common characteristics of general medical disputes, it also has its own characteristics and internal rules. 1 Characteristics of Medical Disputes in Psychiatric Patients 1.1 The main difference between patient-dependent mental patients and patients with other diseases such as internal medicine and surgery is that patients are mostly unresponsive and lack knowledge of their condition, which is the “General Principles of Civil Law”. The “person with no civil capacity” mentioned in the case is under the supervision of the legal guardian. At present, the domestic psychiatric departments (hospitals) are mostly closed wards and generally do not need family members to accompany them, which means that their legal guardians cannot fully perform their guardianship responsibilities during hospitalization. The mental patient is hospitalized; the hospital only undertakes