The ambulance meets with a traffic accident patient's four limbs are paralysed The hospital is sentenced to compensate nearly 100 000 yuan

The ambulance meets with a traffic accident patient's four limbs are paralysed The hospital is sentenced to compensate nearly 100,000 yuan
One town hospital in Suqian passes on the patient to the market hospital to treat and cure in the way, the traffic accident takes place unfortunately, become more serious to patient's condition, four limbs are paralysed. The town hospital compensates the patient for 80,000 yuan such as medical fee. The patient thinks the town hospital should be fully responsible for, then appeal to the intermediate court of Suqian. On June 29, the second instance of intermediate court upholds decision, the judgement hospital pays more than 19,000 yuan in addition.
Wait upon some and suffer from hypertension, coronary heart disease and pneumonia for many years. At the night of March 24, 2008, wait upon some condition and break out, is sent the village to do the clinic treatment by family, because the medical terms of the clinic are simple and crude, wait upon one relative and demand to transfer from one hospital to another and do CT to check. After one town hospital connects 120 orders, send the hospital ambulance and transport and wait upon some to the People's Hospital, Suqian to go to a doctor. On the way, ambulance bump against with whom direction go having the intersection of number and the intersection of card and the intersection of three-wheeled automobile and tail, cause the intersection of tricycle and driver, people and waiting upon, injuring by some 3 people in the ambulance by bus, two trucks are damaged in various degree.
Waiting upon some is treated and check, diagnose as cerebral hemorrhage, hypertension, auricular fibrillation, head traumatism, preceded the heart combines pneumonia, hospital treatment is 105 days, costs the medical fee of 87424.4 yuan together. Assert, the ambulance driver bears the ultimate liability of the accident according to traffic police's department, the tricycle driver bears secondary responsibility, people wait upon some and not responsible for this accident by bus.
February of 2009, some judicial expertise will pay appraising in waiting upon some condition of the injury, the conclusion, in order to tie indirect causality while waiting upon some head traumatism and cerebral hemorrhage, damage and participate in spending 5%-15%, four limbs that this cerebral hemorrhage leaves over are paralysed and formed first class disability of traffic accident of the road, other damage do not form disability. In view of the above, one town hospital compensates for and waits upon some 80,000 yuan voluntarily. Wait upon some prosecute, require town hospital compensate all medical fee, wounded or disabled damages several 100,000 yuan.
First instance court think, wait upon some establish with some the intersection of town and medical service contract relation that hospital form, both sides should fulfil their own obligations according to the contract. Town hospital, in fulfilling contract, ambulance that offer its wait upon some send the hospital to and go to a doctor safely, belong to the noncompliance, should bear the corresponding liability for breach of contract, compensate for and wait upon some loss suffered because of this accident once. So the judgement hospital pays and waits upon some medical fee separately in ten days after coming into force in judgement, the intersection of deformity and damages, attend to fee, delay work fee, the intersection of mess and allowance in hospital, raise into the intersection of people and living cost every expenses 19102.36. (Eases are all Peak)
|