"Shenzhen Doctors' Day focuses on protecting the rights and interests of medical professionals: Lawyers interpret key points of medical personnel's legal rights protection and occupational risk prevention."
"On August 19, 2026, the ninth Chinese Doctors' Day, the national level reaffirmed the protection, care and love for medical personnel, and proposed to improve the long-term mechanism from the aspects of remuneration, development space and practice environment. At the same time, as a city with intensive medical resources and a doctor-patient relationship, the legal risks and rights protection problems faced by medical personnel in their daily practice cannot be ignored. From the perspective of lawyers, this paper explores the boundaries of medical practitioners' rights and interests, the ways to deal with doctor-patient disputes, and the key points of compliance management of medical institutions, combining with existing laws and regulations, to provide reference at the legal level for medical workers in Shenzhen and even across the country."
"I. Legal Framework for Physicians' Rights and Interests: Guarantee System from the Physicians Act to the Civil Code"
"The respectful and defensive atmosphere advocated by Doctors' Day needs a solid legal system behind it. Article 3 of China's "Physicians Law" (implemented in 2022) clarifies that physicians practice in accordance with the law, are protected by the law, and their legal rights and interests are protected by the law. Article 1218 of the Civil Code stipulates the general rules for liability for medical damage. At the same time, Article 1228 specifically emphasizes that medical institutions and their medical personnel shall bear legal responsibility if their legal rights and interests are protected by law, interfering with medical order and hindering the working life of medical personnel."
"In Shenzhen, according to local regulations such as the Medical Regulations of the Shenzhen Special Economic Zone, medical personnel enjoy the right to inviolability of personal safety in their practice activities. For example, in recent years, in many cases of violent injuries in Shenzhen, the judicial organs have handled them strictly in accordance with the law, reflecting the special protection of medical personnel. From the perspective of lawyers' practice, medical personnel should know that when their rights and interests are infringed, they can not only request administrative treatment in accordance with the Law on Administrative Penalties for Public Security, but also claim civil compensation in accordance with the Civil Code. If the circumstances are serious, criminal liability can be investigated."
"However, the premise of the protection of rights and interests is to practice in accordance with the law. Medical personnel need to pay attention to statutory requirements such as practice qualifications, diagnosis and treatment standards, and medical record writing, otherwise they may lose some legal protection due to illegal practice. For example, out-of-scope practice or failure to comply with notification obligations may be found to be at fault in a medical dispute, thereby affecting the division of responsibilities."
"II. Legal risks in doctor-patient disputes: from fault determination to reversal of the burden of proof"
"Disputes between doctors and patients are one of the most common legal risks faced by medical personnel. According to Article 1218 of the Civil Code, if the patient suffers damage during the diagnosis and treatment activities and the medical institution or its medical personnel are at fault, the medical institution shall be liable for compensation. Article 1222 of the Civil Code further stipulates the circumstances of presumed fault, such as violation of laws, administrative regulations, rules and other provisions related to diagnosis and treatment norms, or concealment or refusal to provide medical records related to disputes."
"In the judicial practice of Shenzhen, medical damage liability disputes usually involve complex issues such as medical error identification and causal relationship determination. When handling such cases, lawyers often need to obtain complete medical records and invite medical experts to assist in court to clarify the boundaries of responsibility. For medical personnel, standardizing the writing of medical records, keeping medical records, and fulfilling notification obligations are the basis for preventing legal risks. For example, in a dispute in a third-class hospital in Shenzhen, the court found that the hospital had not fulfilled its obligation to inform and decided to bear part of the liability for compensation because the doctor did not specify the alternative plan in the surgical consent form."
"It is worth noting that in recent years, the "burden of proof inversion" has eased, and patients need to initially prove that the medical institution is at fault, but medical personnel still need to bear a high duty of care. Therefore, it is recommended that medical personnel establish a sense of evidence in their practice, especially when emergency treatment is carried out in a critical situation, the necessary procedures should be carried out in accordance with the law, and records should be kept."
"III. Practice Environment and Occupational Safety: How the Law Protects Medical Personnel from Unlawful Infringement"
"Doctors Day emphasizes the improvement of the "practice environment", which is directly related to the personal safety and professional dignity of medical personnel. In recent years, violent injuries have occurred from time to time, and the law has zero tolerance for such acts. Article 57 of the Basic Medical Health and Health Promotion Law clarifies that the whole society shall care about and respect medical and health personnel, which constitutes a violation of public security administration, and shall be punished by public security administration according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law."
"Shenzhen is at the forefront of protecting the safety of medical personnel. Many hospitals are equipped with security check equipment and have established linkage mechanisms with public security organs. From a lawyer's point of view, medical personnel should immediately report threats of violence or injury to the police and retain evidence, such as surveillance video, injury photos, witness testimony, etc., so that the infringer can be subsequently investigated for administrative or criminal responsibility. At the same time, medical personnel can also claim compensation for medical expenses, absenteeism fees, mental damage compensation, etc. in accordance with Article 1179 of the Civil Code."
"In addition, occupational exposures (e.g., infections, radiation) are also hidden risks for healthcare workers. According to the Occupational Disease Prevention Law and the Regulations on Work-related Injury Insurance, medical personnel who are injured by accidents or suffer from occupational diseases due to work reasons shall enjoy the benefits of work-related injury insurance. If medical personnel in Shenzhen are infected with an infectious disease at work, they can apply for work injury identification in accordance with the law, and the employing unit is obliged to cooperate with the declaration."
"IV. Compliance Management of Medical Institutions: Advice from Lawyers from System Construction to Risk Prevention"
"In the face of the above legal risks, medical institutions should establish a systematic compliance management system. First of all, improve the internal rules and regulations to ensure that the diagnosis and treatment behavior meets the requirements of the Physicians Law and the Regulations on the Prevention and Handling of Medical Disputes. For example, regularly organize medical personnel to learn relevant laws and regulations, carry out medical risk training, and enhance the legal awareness of all employees."
"Second, establish an early warning and handling mechanism for medical disputes. Medical institutions should set up a special doctor-patient relationship office to resolve conflicts in a timely manner and avoid escalation of disputes. In Shenzhen, some hospitals have introduced third-party mediation mechanisms to disperse risks through people's mediation or medical liability insurance, with remarkable results. The attorney may assist the medical institution in reviewing the terms of the medical liability insurance contract to ensure full settlement in the event of a dispute."
"Finally, medical institutions should pay attention to the mental health and career development of medical personnel. According to the Guiding Opinions on Establishing a Long-term Mechanism for Protecting and Caring for Medical Personnel, medical institutions need to reasonably arrange work intensity and provide psychological counseling services. This is not only an ethical requirement, but also a legal obligation - if the medical staff is physically and mentally damaged due to long-term overload work, the unit may be liable accordingly."
"V. Conclusion: Respecting the doctor and defending the rule of law are the first, and professional support for escorting doctors is benevolent"
"The significance of Doctors' Day lies not only in praise, but also in promoting the formation of a rule of law environment that respects doctors and safeguards the whole society. While practicing the spirit of "respecting life, saving lives and helping injuries", medical personnel should also make good use of legal weapons to safeguard their rights and interests. For medical institutions, strengthening compliance and preventing legal risks are important cornerstones to ensure medical quality and safety."
"Guangdong Chiming Law Firm has long paid attention to the legal services in the field of medical and health care, and can provide professional support for medical staff such as practice rights consultation, doctor-patient dispute brokerage, and medical institution compliance review. If you or your organization encounter legal confusion in the process of practicing, please contact us and we will guard the benevolence of the doctor with professional strength."
