It is an ailment originally, wrong diagnosis and treatment of the doctor claimed his life however. Family member claim for compensation 1.09 million yuan, the court adjudicates the hospital assumes the responsibility of 70% . Know the case of medical treatment dispute that this rises to be treated by infusion and produces together.
Introduction of details of a case:
In June 2018, he Mou is reached because of gall of ministry of calorific, pharynx cracked to city of prosperous of the accused luck division of some hospital emergency call sees a doctor, bring up the rear of examine of emergency call division gives He Mou infusion treatment, after 4 hours, he Mou is discovered to lie on the parking lot road of the accused, had died. Dispute of medical treatment of city of classics luck prosperous mediates the family member of committee and He Mou, both sides comes to an agreement, the accused go ahead of the rest pays 50000 yuan, by medical treatment of lucky prosperous city intercessory committee entrusts judicatory appraisal orgnaization the degree of medical treatment fault of the dead reason to He Mou and the accused has judicatory identification. Classics appraisal, the degree of medical treatment fault of the accused is 60%-70% . Later, because negotiate compensatory matters concerned not if really, the father of the dead's He Mou, wife and daughter are sued to the court, some hospital of city of prosperous of luck of requirement the accused compensates for each loss to add up to more than yuan 1.09 million.
Adjudicative result:
Court of first instance adjudicates some hospital of city of prosperous of the accused luck assumes the liability to pay compensation of 70% , skimpy share is assumed by accuser proper motion. After adjudging, bilateral party all represents obedient court decision, this court decision already produced legal effectiveness now.
Judge view:
The patient is damaged in activity of diagnosis and treatment, medical establishment and its medical personnel have fault, assume liability to pay compensation by medical establishment. In this case, the dead's He Mou is reached because of gall of ministry of calorific, pharynx cracked to city of prosperous of the accused luck division of some hospital emergency call sees a doctor, after the accused gives He Mou infusion treatment, he Mou dies after several hours. Classics appraisal, the degree of medical treatment fault of the accused is 60%-70% , the death of the fault of the accused and the dead's He Mou has causal. Reach union according to appraisal result this case details of a case, by city of prosperous of the accused luck some hospital assumes the responsibility of 70% , skimpy share is assumed by accuser proper motion. According to relevant law provision, the court defined the loss scope of accuser, made afore-mentioned court decisions.
Relevant law
" tort liability law "
Fiftieth 4 medical treatment damage responsibility return duty principle
The patient is damaged in activity of diagnosis and treatment, medical establishment and its medical personnel have fault, assume liability to pay compensation by medical establishment.
Fiftieth the cognizance of fault of 7 medical treatment
Medical personnel did not use up obligation of as corresponding as the medical treatment level at that time diagnosis and treatment in activity of diagnosis and treatment, cause a patient to damage, medical establishment ought to assume liability to pay compensation.
Fiftieth of fault of 8 medical treatment illative
The patient has damage, because of one of following scenario, illative medical establishment has fault:
(one) lawbreaking, administrative regulations, regulations and the regulation with other concerned normative diagnosis and treatment;
(2) hide or reject to provide the anamnesis data that concerns with dispute;
(3) forge, distort or data of anamnesis of destroy by melting or burning.
The 60th medical establishment is avoided duty case
The patient has damage, because of one of following scenario, medical establishment does not assume liability to pay compensation:
(one) patient or its are close the diagnosis and treatment that the relative does not deserve to add up to medical establishment to undertake according with standard of diagnosis and treatment;
(2) medical personnel has used up obligation of reasonable diagnosis and treatment below the emergency such as the patient of rescue at death's door;
(3) be confined to the medical treatment level at that time make a diagnosis and give treatment hard. Before paragraph in the first case, medical establishment and its medical personnel also have fault, ought to assume corresponding liability to pay compensation.
(text material originates network, if have tort, connection establishs cutout. )
