subject: Hospital duty to protect public safety into the hospital - hospitals, medical - medical equipment industry [print this page] Hospital duty to protect public safety into the hospital - hospitals, medical - medical equipment industry
Recently, Chengdu court system to make decision in two typical cases. Judge that the hospital into the hospital bears the appropriate public safety obligations, which has nothing to do with whether the public interest, "Caution slippery floor" in Tips hard to remove the liability of the hospital
Patients died during hospitalization falls, patient falls during family visits, the hospital should bear the corresponding liability on this? Recently, Chengdu, Sichuan Province on the court system has two typical cases to make judgments, determine the safety and security obligations has not tried to bear the corresponding liability of the hospital. What the hospital should take to protect human security obligation? Hospitals, whether related Tips for exemption? Interview with Xinhua, related professionals.
Case 1 Hospital patients to bear half the blame falls death
Last August 12, Miss Xu Chengdu Third People's Hospital of illness into the hospital. In the same year on October 16th, Miss Xu's care in the hospital records order: "The patient has suicidal tendencies, tell family members, have been known to take 24 hours to accompany their families." 24 October morning, in the absence of Ms Xu witnesses in the case where the wards from the toilet window falls dead. Their families to the hospital's court.
Ms Xu in the end is accidentally falls or suicide? Chengdu Qingyang District People's Court hearing that the evidence provided by the two sides were not fully proven, but the toilet room window height from the ground below, "Residential Design Standards" provisions of 90 cm, and the hospital can not prove that it has taken appropriate protective facilities point of view, the hospital provides medical services for Miss Xu were not fulfilled within the limits of reasonable safety and security obligations, it should take half of the fault liability. Meanwhile, Ms Xu is entirely based on capacity for civil conduct and neglect their families there in custody, it should also bear half the responsibility.
This year in July, accused the court of first instance ruling People's Hospital of Chengdu, the third death of the patient Miss Xu duty of 50%, 8 million yuan compensation for the loss of his family. At present the decision has taken effect.
Case 2 Family members of patients disabled by hospitals Qi Cheng responsibility Wrestling
Family members of patients in the hospital falls disabled, hospitals should undertake corresponding responsibilities? October 8, Chengdu Intermediate People's Court notified with personal injury compensation cases, the Court of Final Appeal upheld the first instance, bear the primary responsibility for the hospital found that 70% take responsibility for decisions.
This year in February, the people of Chengdu in Chengdu, Chen's family illness treatment in a private hospital. The morning of February 21, when Chen was hospitalized family meal accidentally step on the exit of the hospital elevator on the ground, dirt and slipping a fall, after the disability was identified as 9. In May, Chen Chengdu Chenghua prosecution to court. After the first instance court found that the hospital was injured slipping on Chen's primary responsibility, that is, shoulder 70% of the responsibility themselves from Chen, a 30% duty. Therefore, the Court of First Instance ruling Chen hospital compensation totaling 4.2 million yuan of medical fees.
Hospital then appealed, claiming that Chen is not the hospital's patients, and is full civil capacity of people, more so the break is due to their disability causes, coupled with the hospital each floor of the elevator exit have a "Beware of slippery" in Tips, which has been performed within reasonable limits of safety and security obligations, it should bear full responsibility for Chen.
Chengdu Intermediate Court hearing that the hospital duty of care as not entirely the fault of disability caused by injuries Chen slip fault is a significant first-instance court under the relevant facts, determined by the hospital to bear the liability and 70% without its drawbacks. Therefore, the Court of Final Appeal dismissed the hospital, upheld the conviction.
