Brief introduction of details of a case:
Zhang Mou, female, 26 years old, compere is done in a media, because face is beautiful, chair a style distinctive, have many vermicelli made from bean starch. Be in unfortunately in traffic accident fracture is injured the head, facial, scar is very apparent, the Zhang Mou after the stability that hurt feeling leaves hospital to send cause trouble driver and this car the insurance company that protect to appeal to to the court, in front courtyard careful, wait for each charge both sides not to have controversy in the light of compensation of cost of medical treatment cost, delay one's work, disability, but expend in the light of 150 thousand yuan when had happened face-lifting, insurance company demur, think to ought not to be assumed. Zhang Mou applies for to treat charge of face-lifting of cost, later period to have identification to sequel in lawsuit, book of opinion of appraisal of legal medical expert carries bright: Later period treats charge in principle to affirm with producing amount actually to be, the proposal follows the doctor's advice. Doctor's advice of hospital plastics division is " rehabilitate of laser of later period scar treats 3 period of treatment, frequency of cure of every period of treatment makes an appointment with 5-6 second, remedial effect because of the person different, cannot predict, proposal take into consideration the circumstances increases remedial number, my division follows examine " . Classics court is found out, zhang Mou leaves hospital doctor's advice account " suggest facial scar goes to plastics division repair cure, unwell along with examine " , zhang Mou undertakes in the hospital scar rehabilitate is treated after, charge of every period of treatment makes an appointment with 10 thousand yuan, cost more than yuan 50 thousand. Additional find out, zhang Mou has facial small plastic in beauty parlour after repair cure, face-lifting charge is made an appointment with 100 thousand. Current and facial scar still is eliminated not completely, still need to continue to treat.
Legal provision:
Basis " top people court about trying statute of comfortable use of person damages case the explanation of a certain number of problems " the 19th regulation: "The compensatory amount of medical treatment charge, according to first instance court the produces actually number before the controversy is terminative decides. Organic function restores to train a necessary rehabilitation cost, proper face-lifting cost and other and follow-up cure to expend, compensatory obligee can be waited for after happening actually, sue separately. But the cost that medical treatment proves the basis or appraisal conclusion produces necessarily certainly, can give along with all the others with the medical treatment cost that has produced compensation " .
Forensic point of view:
Zhang Mou serves as young woman, be based on affection and the need that its are engaged in working, it is necessary that the ministry opposite side has scar repair, reasonable, the cost of scar rehabilitate face-lifting that produces from this should grant to support. Right inside beauty parlour to Zhang Mou the small plastic that facial place has, because Zhang Mou cannot offer evidence to prove this are small,plastic is the necessary repair that makes to facial scar place, and division of plastics of hospital of apparent prep above treats cost charge, the cost that accordingly this small plastic place produces should be not mixed by insurance company cause trouble person assume. The follow-up treatment that offers on the court to Zhang Mou expends a problem, in view of have not arise at present, after Zhang Mou can need actual generation, sue separately.
Lawyer argument:
According to " explain " the 19th the 2nd regulation, medical treatment cost decides with the produces actually number before controversy of first instance court is terminative. Organic function restores to train a necessary rehabilitation cost, proper face-lifting cost and other and follow-up cure to expend, compensatory obligee can be waited for after happening actually, sue separately. But the cost that medical treatment proves the basis or appraisal conclusion produces necessarily certainly, can give along with all the others with the medical treatment cost that has produced compensation.
The face-lifting in how the court letting support follow-up treatment in practice is expended?
(1) facial formation scar is apparent and need further treatment and face-lifting repair really, need has hospital doctor's advice, make clear on doctor's advice require scar rehabilitate treatment, best record treats frequency and radical cure cost, convenient application appraisal is occupied from time to tome can depend on.
(2) the appraisal orgnaization that applies for to have aptitude has identification to follow-up cure charge, cannot decide through appraisal opinion, can wait for after happening actually, advocate separately.
The lawyer reminds: The hospital that facial scar rehabilitate treats had better be the hospital of first time go to a doctor, this hospital follows the doctor's advice without remedial condition turn the courtyard treats, reservation doctor suggests to turn the doctor's advice of the courtyard, associated sex that assures the project of successional, cure on time.
Greeting comment is shared, if the word of what problem also can come,ask small make up, small make up know all without exception to answer certainly,
We can be shared to everybody everyday interesting useful legal little knowledge. Troublesome close close attention is little make up!
