问题 多项选择题

关于医疗损害赔偿责任的问题,下列哪些说法是错误的( )

A.在进行诊疗前,医务人员已向患者说明可能的风险,在手术过程中出项该风险,造成患者在医疗活动中受到侵害的,医疗机构不承担赔偿责任

B.患者到医院进行相应治疗受到损害的,一般情况下应当由患者自己证明医疗机构及其医务人员有过错,以及证明该过错与损害结果存在因果关系

C.小刘在医院进行手术过程中输血感染乙肝,就此造成的损失小刘只能向血液提供机构请求赔偿,医疗机构可以帮助患者向血液提供机构索赔

D.艾美车祸中右腿受伤严重,一直昏迷,医疗机构一直与其家人联系无果。若不截肢则有生命危险,医院为抢救其生命,经负责人同意实施截肢手术。艾美醒来后痛哭不已,认为医疗机构未经其同意实施截肢手术侵犯了她的权益,医院应当承担赔偿责任

答案

参考答案:A,C,D

解析: A项:医疗机构的说明告知义务。《侵权责任法》第55条规定了医疗机构的说明告知义务。说明告知风险是医疗机构的义务,但并非免责条款,造成损失的仍需根据是否存在过错,有无因果关系等侵权责任构成要件判断是否构成侵权、承担赔偿责任,不应简单认定为不承担赔偿责任。A项错误。B项:医疗诉讼的举证责任。根据《侵权责任法》第54条规定,医疗诉讼的举证责任重新回到原告即患者一方,仅在特殊情况下推定医疗机构存在过错。B项正确。C项:医疗产品责任。根据《侵权责任法》第59条规定,本题中小刘因输入不合格的血液造成损害,既可以向血液提供机构追偿,也可以向医院追偿,最终责任人为血液提供机构。C项认为只能向血液提供机构追偿的说法不正确。D项:紧急情况下告知义务的例外。根据《侵权责任法》第56条规定,艾美当时的情况完全符合本条的紧急情况,可以免除医疗机构的告知义务,医院不因此担责。D项错误。综上,本题选ACD。

单项选择题
阅读理解

In the more and more competitive service industry, it is no longer enough to promise customer satisfaction. Today, customer "delight" is what companies are trying to achieve in order to keep and increase market share.

It is accepted in the marketing industry, and confirmed by a number of researchers, that customers receiving good service will promote business by telling up to 12 other people; those treated badly tell tales of woe to up to 20 people. Interestingly, 80 percent of people who feel their complaints are handled fairly will stay loyal.

New challenges for customer care have come when people can obtain goods and services through telephone call centers and the Internet. For example, many companies now have to invest (投资) a lot of money in information technology and staff training in order to cope with the "phone rage" -- caused by delays in answering calls, being cut off in mid-conversation or left waiting for long periods.

"Many people do not like talking to machines," says Dr. Storey, Senior Lecturer in Marketing at City University Business School. "Banks, for example, encourage staff at call centers to use customer data to establish instant and good relationship with them. The aim is to make the customer feel they know you and that you can trust them -- the sort of comfortable feelings people have during face-to-face chats with their local branch manager."

Recommended ways of creating customer delight include: under-promising and over-delivering (saying that a repair will be carried out within five hours, but getting it done within two) replacing a faulty product immediately; throwing in a gift voucher (购物礼券) as an unexpected "thank you" to regular customers; and always returning calls, even when they are complaints.

Aiming for customer delight is all very well, but if services do not reach the high level promised, disappointment or worse will be the result. This can be eased by offering an apology and an explanation of why the service did not meet usual standards with empathy (for example, "I know how you must feel"), and possible solutions (replacement, compensation or whatever fairness suggests best meets the case).

Airlines face some of the toughest challenges over customer care. Fierce competition has convinced them that delighting passengers is an important marketing tool, while there is great potential for customer anger over delays caused by weather, unclaimed luggage and technical problems.

For British Airways staff, a winning telephone style is considered vital in handling the large volume of calls about bookings and flight times. They are trained to answer quickly, with their names, job title and a "we are here to help" attitude. The company has invested heavily in information technology to make sure that information is available instantly on screen.

British Airways also says its customer care policies are applied within the company and staff are taught to regard each other as customers requiring the highest standards of service.

Customer care is obviously here to stay and it would be a foolish company that used slogans such as "we do as we please". On the other hand, the more customers are promised, the greater the risk of disappointment.

小题1:We can learn from Paragraph 2 that _______.

A.complaining customers are hard to satisfy

B.unsatisfied customers receive better service

C.satisfied customers catch more attention

D.well-treated customers promote business小题2:The writer mentions "phone rage" (Paragraph 3) to show that ________.

A.customers often use phones to express their anger

B.people still prefer to buy goods online

C.customer care becomes more demanding

D.customers rely on their phones to obtain services小题3:What does the writer recommend to create customer delight?

A.Calling customers regular.

B.Giving a "thank you" note.

C.Delivering a quicker service.

D.Promising more gifts.小题4:If a manager should show his empathy (Paragraph 6), what would be probably say?

A."I know how upset you must be."

B."I appreciate your understanding."

C."I'm sorry for the delay."

D."I know it's our fault."小题5:Customer delight is important for airlines because ________.

A.their telephone style remains unchanged

B.they are more likely to meet with complaints

C.the services cost them a lot of money

D.the policies can be applied to their staff小题6:Which of the following is conveyed in this article?

A.Face-to-face service creates comfortable feelings among customers.

B.Companies that promise more will naturally attract more customers.

C.A company should promise less but do more in a competitive market.

D.Customer delight is more important for air lines then for banks.