The patient falls hanging the infusion bottle into ten grades of disability The hospital is sentenced to compensate 50 000 yuan

The patient falls hanging the infusion bottle into ten grades of disability The hospital is sentenced to compensate 50,000 yuan
The patient falls hanging the infusion bottle into ten grades of disability The hospital is sentenced to compensate 50,000 yuan
Because the infusion of going to the hospital of oral cavity ulcer, the hospital lets patient hang the infusion bottle, the patient falls down unexpectedly, identified as ten grades of disability, the old woman of the 68 -year-old king decides to demand a statement to the commune hospital in the village. Recently, the court of Yinzhou district of Ningbo sentences to making the village clinic compensate Wang for several expenses of nearly 50,000 yuan such as medical fee, deformity damages. Infusion fall down, cause ten will it be June 20 this year such as disability carelessly, determine, go infusion of the hospital the intersection of oral cavity and old woman Wang that ulcer perplex. Who knows reach the intersection of village and clinic, nurse give old woman Wang insert behind the transfusion needle, have not hung the infusion bag for her, but let herself mention the infusion bag to the outdoor infusion. Because infusion shelf too high, old woman Wang can only stand and is the infusion bag is hung at the stool, hang under the good rear foot and flash and fall down carelessly. Treat and diagnose by hospital old woman Wang the 12th vertebra body compression fracture of the chest. Appraise by coroner, old woman Wang ten grades in wounded or disabled grade that traumatism send to. Is not it the obligation of the hospital to hang the bottle in infusion? Old woman Wang think, the hospital should hang the infusion bag in the course of infusing for her, the defendant has not fulfilled the contract obligation, its behavior forms and breaks a contract, ought to compensate for corresponding losses. Expect oneself suffer from the intersection of oral cavity and the intersection of ulcer and little the intersection of trouble and infusion this and cause chest 12 the intersection of vertebra and the intersection of body and compression fracture, ten disability, want, cross on go in the heart. Then she in the company of family, lodge a complaint against commune hospital in the village, ask the court it is 83850 yuan altogether compensating his every losses for. After the acceptance and hearing of a case, have submitted the form of replying in the village clinic: Having already fulfilled the contract obligation in an all-round way in the clinic, it is not the obligation of the clinic to hang the infusion bag, injury of old woman Wang cause by herself, there is no relation with the medical service act of the clinic, should undertake loss by the intersection of old woman and oneself Wang, demand, reject claims of old woman Wang. Even if the intersection of village and clinic bear loss, the intersection of deformity and damages, the intersection of nutrition and fee, attend to fee to be on the high side that old woman Wang maintain, delay work fee and spirit damage conciliate gold, should support. The court asserts, it is the enclosing and is up to the obligation of medical contract to hang the infusion bottle To the dispute of the original, defendant, the district people's court of Yinzhou of Ningbo thinks, old woman Wang, in the intersection of village and the intersection of commune hospital and medical service contract that infusion form, because party meaning say actual, the content does not also violate the mandatory regulations of the laws and regulations, it should be legal and effective. After the medical service contract is tenable, both parties should fulfil the contract obligation in an all-round way in terms of the contract. Enclosing and up to the obligation as offering medical treatment of infusion service of infusion bag hang, should be finished by village clinic, village nurse of clinic give old woman Wang insert behind the transfusion needle, should infuse for it bag attach to the infusion shelf, but nurses of the village clinic have not fulfilled the obligation of this contract, its behavior forms and breaks a contract, ought to compensate for king's losses of old women. Court adjudicate village clinic compensate the intersection of old woman and medical fee, the intersection of deformity and the intersection of damages,etc. and every loss Wang for, add up to 49153.2 yuan finally. At present, the king has not put forward appeal in the old clinic of Tai Wo village, the judgement has already taken legal effect. The plaintiff of medical compensation for damage has the right to choose on the civil law, a certain illegal activities that the illegal actor implements accord with the composition important document of many kinds of civil liability, thus cause the compatible but mutual conflict of many kinds of responsibility forms legally, this kind of phenomenon is known as " Responsibility competes and shuts " . From the viewpoint of obligee, the multiplicity of the malfeasance, make the victim's request right have multiplicity too, so responsibility competes and shuts also called asking to weigh competing to shut. When the medical agreement exists between doctors and patients, medical treatment damages the behavior and already forms the noncompliance because of violating the contract of the medical service contract, also form tort because of encroaching on the patient's life right, body right and health right. The regulation of article 122 of " contract law ", in a situation that it is shut that the liability for breach of contract and liability for tort compete, the obligee can only select applicably. So, while investigating the responsibility of compensation for damage of the hospital, can already break a contract and regard as demanding with the contract, also all right tort mentions the request of compensation for damage. It choose Wang old woman tell ones that break a contract from,in accordance with the law can't any more if you can't rotate, tell whether infringe, as to the request right that compensation spirit damages, have just lost completely. The judge reminds: The hospital wants the emergence of the highly prudent doctors and patients' dispute during medical care, no doubt have reasons such as medical trade's own risk and unpredictability,etc., have medical worker try high-level the intersection of attention and obligation either, lack whom corresponding sense of duty lead to the fact. The medical organization must try and its the high attention obligation with compatible professional technique, make a diagnosis and give treatment for the patient with the highly prudent, persevering attitude, follow relevant laws and regulations, trade and hospital and manage rules and regulations, various operational procedures and the medical personnel's professional ethics requirements etc. to make a diagnosis and attend to. (the intersection of reporter and Liu send man the intersection of gold and bright the intersection of reporter and Su Du, become)


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