Is Qu Mei the collective lawsuit? Do question medicines endanger the health insurance to compensate?

Is Qu Mei the collective lawsuit? Do question medicines endanger the health insurance to compensate?
Is Qu Mei the collective lawsuit? Do question medicines endanger the health insurance to compensate?
500)this.width =500" align =center vspace =10 border =0>, recently, Taiji the intersection of group and the intersection of song and American weight-reducing product " recall " But " claims rejected " Question cause concern. Beijing lawyer yellow will collect, take American patient of song, bring the collective and compensate the lawsuit while being refined. If collective lawsuit succeed, song American incident domestic precedent. Background Li of details of the case of relevant case analysis has insured the personal accident insurrance, added the medical insurance of unexpected injury at the same time. One day,Li because bronchus inflammation,it is manage to go hospital to ask. The hospital operates according to the medical rules, try the skin of penicillin for the assured first, the result is negative. Then the medicine dosage stipulated according to the doctor is that it injects penicillin. After treating for two days, the allergic response take place to the assured, although rescue with all strength by the hospital, but the death of failing to respond to any medical treatment. The death certificate that the hospital provides is: Sending penicillin is allergic late. Li's beneficiary holds the identification of the hospital and application of lodging a claim against insurer of contract of insurance. After the insurance company receives the beneficiary's application, inside produced two kinds of different opinions. A kind of suggestion is that the assured die in the course of accepting disease treatment, do not belong to " The unexpected injury " Category. Because what the assured insured is personal accident/injury insurance, it is not disease death and medical insurance, so, the insurer should not bear the responsible for paying the insurance premium; Another suggestion is, though the assured die in treating the disease course, but because it belongs to the unexpected accidental event to hospital and the assured that sending penicillin is allergic late, especially can't be thought the body only irritated to a certain material to be body of health once to person with irritated physique. So, because penicillin is allergic to cause the death, can be in the light of being poisoned to death and deal with, it can't be thought that because disease causes the death. Since it is so, exclude the possibility that the assured die of disease, can only be deemed to die unexpectedly. So the insurer should be according to the regulation of contract of insurance of the personal accident/injury insurance, perform duty of paying the insurance premium. The details of the case is analyzed at first, " unexpected injury " Definition but speech,is it outside to refer to unexpected, not making insurance incidents objective where the human bodies is injure vigorously of original idea. Combine this case, to the assured, the hospital is its penicillin medicine injected according to the medical rules, can regard as " The outside one " The material, namely have " the outside one " Factor; Because the cover is tried to react normally, the allergic response happen suddenly after receiving treatment for two days to the assured, not only the assured are unexpected, but also the hospital knows after the allergic response take place to the assured. Though the hospital side understands the allergic response of penicillin will take place to someone in crowds, who but on earth to happen, when to happen, especially use the penicillin medicine for the first time, and produce the person of sending allergic response of penicillin late, is uncertain to hospital side. So, this incident has " the unexpected one " to the assured Factor; The purpose that the hospital receives treatment that the assured will go, it is to cure inflammation of bronchus, there is no material to attend the meeting because the allergic response of penicillin causes dead, obviously the assured have is " not an original idea " Factor. Synthesize the above-mentioned three factors, the death of the assured totally accords with " unexpected injury " Definition. Moreover, " unexpected injury " Causality but speech, only when unexpected injury and dying, causality between it is disabled at, namely it is at the time of death or disabled immediate cause or immediate cause to injure in surprise, just form insurance responsibility. In this case, if what the assured used originally is not penicillin, but other medicines, probably not only curing cures bronchitis but also on good terms. But because the assured do not know oneself is allergic to penicillin, and the hospital side thinks that can use penicillin normally, the tragedy has taken place under this kind of prerequisite. Obviously, the allergic response of penicillin is the immediate cause to cause the assured death, also a reason of the unexpected injury. This is because the medical department of our country has not confirmed in unison so far: As to the person that a certain material has allergic response physique, such allergic response is a kind of disease. If penicillin irritated response no disease, we, through getting rid of lawing, may draw the conclusion, namely the death of the assured, must not commit suicide, it is not the homicide, not the disease death either, not also a square medical liability accident of the hospital, not even natural death, only die unexpectedly. So, the assured cause the death because of the allergic response of penicillin, accord with " unexpected injury " Causality. Third, according to relevant regulations of the insurance clause, at early May this year, the insurance Co.,Ltd. of life insurance of China Insurance Company, Ltd. issues " standard clause form of the personal unexpected injury insurance " nationwide, among them the fourth 8th clause of liability exemption is: "it follow the doctor's advice the assured,not take without permission, not scribble with, injection medicine " Namely therefore the reason causes the death, disabled of the assured, the insurer does not shoulder the responsibility of paying insurance premium. This regulation, compared with old clause, it is a new newly-increased content. It is obvious, cause the death, deformity of the assured because of injecting medicines, it is not the first in the whole country. If we are from reverse side understands this regulation, the assured will follow the doctor's order to inject medicines, thus cause the death, disabled, does the insurer want to bear the responsible for paying the insurance premium? No doubt, the answer should be certainly, the insurer should not merely pay dying the insurance premium, and should undertake the hospitalization cost while rescuing. According to 30th regulation of " law of insurance ", " clause to the contract of insurance, when insurer and insured, the assured or beneficiary have objection, the people's court or arbitral authority should regard as the explanation which is favorable to the assured and beneficiary. " Combine this case, because the personal accident insurrance under coverage of the assured, its contract (old clause) In have by " it is last medicine not to follow by doctor's order, can't cause by death of the assured, disabled" Make the content of liability exemption, for this reason, if the beneficiary follows the doctor's order to inject penicillin according to the assured causes this fact that dies unexpectedly, bring a suit before people's court, demand to obtain compensation of personal insurance premium, then the people's court will make the explanation which is favorable to the beneficiary definitely.


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