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Author: Medical Law Collection
Brief Introduction
Uncle Zhou (78 years old) was diagnosed and treated at Hospital A due to "experienced chest pain for 13 hours" and was admitted to the CCU ward of the cardiovascular department of the hospital.
The family members believe that because Hospital A did not fulfill their guardianship responsibilities, the patient fell in the bathroom of the hospital, and died after the rescue was invalid.
Court hearing
The court of first instance held that the patient’s claim that the patient’s Uncle Zhou’s damage was caused by Hospital A’s failure to fulfill its special nursing responsibilities.
At the time of the retrial, the court of first instance determined that the reason for filing the case was a dispute over liability for medical damage.
The court of second instance held that the relationship between the patient and the hospital is a doctor-patient relationship, which is an indisputable fact in this case.
A brief analysis of the law
There are two focal issues involved in this case.
1.
According to the “Regulations on Causes of Civil Cases” of the Supreme People’s Court revised in 2020, public places managers’ liability disputes (formerly “public place managers’ liability disputes”), the case is a three-tier case and a four-tier case under a liability dispute over a breach of security obligations.
The duty of safety protection usually refers to the duty of the managers of public places to actively act for the personal safety and property safety within the scope of their management.
2.
According to the "Civil Code", medical damage liability applies the principle of fault liability.
Specific to this case, according to the medical records of the doctor, the patient's level of care is special care.
Medical institutions and their medical staff must earnestly and strictly abide by laws, regulations, and departmental rules.
(This article is the original version of the Medical Law Society, adapted from real cases, and aliases are used to protect the privacy of the parties)