Being bitten by a dog causes surgery to be pushed back
Patients worry about getting worse.
In October 26th, Ms. Kang, 43, was hospitalized for uterine fibroids. Ms. Kang said that at about 10 a.m. on October 28, after the examination, she went downstairs to bask in the sun and was bitten by a stray dog on the east side of the hospital. The dog suddenly hit me from behind, biting my left leg through my cotton wool trousers. Fortunately, I was wearing thick clothes. Later, it was examined as a grade II bite.
Ms. Kang said that after the incident, she rushed to the attending doctors and nurses to reflect the situation, and then vaccinated against rabies. The communication between the doctor and the epidemic station resulted in the inability to perform surgery during vaccination because of the use of antibiotics, so my operation scheduled for October 30 could only be postponed.
The vaccination card provided by Ms. Kang showed that she had two vaccinations on October 28 and 31, and three vaccinations on November 4, 11 and 25.
I came to the hospital for surgery, but the operation was not completed. At present, nearly 3,000 yuan has been incurred. Who could have imagined being bitten by wild dogs in the hospital? Rabies is the one hundred percent death rate, and the vaccine is not necessarily safe. My oncologist says its benign, but if its going to get worse in a month or two, its only after surgery. Ms. Kang said that, on the one hand, she was worried that delaying the operation for one month would delay her condition, on the other hand, she hoped that the hospital would take responsibility for compensation.
Ms. Kangs husband, Mr. Xu, said that on the morning of October 29, the staff of the hospital security department had called the police to catch the dog. Its where my wife was bitten, but I didnt catch it.
The patient was bitten by a dog.
The hospital is responsible, but not wholly responsible.
Yesterday, a reporter from China Business Daily accompanied Ms. Kang and her family to the hospital, where stray dogs could be seen running around. Liu, who is in charge of the hospitals doctor-patient mediation office, said that this was the first time that such a thing had happened. No one had ever been bitten by a stray dog in the hospital before. They would actively solve the problem. The lawyer had explained the specific matter to Ms. Kang.
Ms. Kang believes that vaccination after being bitten by a dog leads to delayed operation, and hospitals should bear the cost of missed work and mental loss during this period.
Lawyer Chen surnamed of the hospital said: If it is the direct consequence of being bitten by a dog, such as the cost of missed work for the five days of vaccination and the cost of treating dog bites, the hospital can bear it. All compensation is a compensatory principle, not that the five stitches will be compensated for missed work for a month. The lawyer said that at the same time, in law, only disability or death can form mental injury solatium.
Will surgery delay affect the condition? Lawyer Chen surnamed of the hospital said that if Ms. Kangs later illness aggravated or worsened, and the dog bite has no relationship, how much relationship, need a third party to identify, by medical clinical experts to judge. Whether there is a causal relationship between the aggravation of the disease and the pre-hospital behavior will be clearly evaluated after identification.
If rabies vaccine is still attacked, who should be responsible? Lawyer Chen said: This is to find a vaccination center, if the vaccine is still sick, indicating that the vaccine may be fake, who vaccinated you sue who. Who is the direct infringer and who will bear the responsibility?
The patient has been discharged from hospital.
The doctor-patient Mediation Office will apply for the exemption from hospitalization expenses.
Yesterday, another staff member of the hospital doctor-patient Mediation Office said that Ms. Kang could be discharged from hospital at present, but the solution has not yet been agreed. It is suggested that follow-up issues be negotiated after discharge. Liu said that if Ms. Kang was discharged from hospital, he would apply to the hospital for exemption from the expenses incurred during her admission yesterday; if she was not discharged, the expenses would be borne by Ms. Kang herself; if Ms. Kang was not satisfied with the conditions of the hospital, she could go through legal procedures.
Can we check the incident? Liu said that surveillance can only be obtained by the public security organs, because in blind areas, only stray dogs can be seen in the video, and the biting process can not be seen.
Yesterday afternoon, Ms. Kang contacted the reporter that he had been discharged from hospital, and the hospitalization fee was 2598.49 yuan. The diagnosis and treatment showed that after admission, relevant examinations were carried out and surgical treatment was planned. Because of animal bites, patients and their families asked to be discharged from hospital for vaccination.
These should be compensated.
Direct damage to patients
Liu Hongyan, a lawyer at Beijing Weiheng Law Firm, believes that in this case, because the stray dog biting Ms. Kang had no owner, in principle, the direct damage caused by the incident to Ms. Kang should be fully compensated by the hospital, including medical and vaccine costs. If prosecuted, this part of the claim for compensation should be supported by the court.
If the patient is delayed
Hospitals should pay compensation as appropriate.
Liu Chang, a lawyer at Beijing Zhongwen Law Firm, believes that, firstly, according to Article 37 of the Tort Liability Law, the owner of the stray dog should be liable for compensation for the damage caused by the stray dog, but the owner of the stray dog can not be found. As a public place, the hospital should be liable for supplementary compensation if it fails to fulfill the corresponding security responsibility. Secondly, with regard to medical expenses and missed work expenses, according to the Tort Liability Law, compensation for mental damage has no legal basis and is bitten by stray dogs, so as to avoid serious mental damage according to general principles. Thirdly, if we can prove that the injury was caused by dog bite, which led to delayed operation and affected the condition of the patient, the hospital should compensate for the damage within the scope of delayed condition as appropriate. Epidemic prevention stations or hospitals will no longer bear the consequences of rabies incubation period after injecting rabies vaccine to victims unless they can prove that the rabies vaccine injected at that time was problematic and had no effect on the prevention of rabies.
We can not expand the liability for compensation in hospitals.
Wu Lei, a lawyer of Shandong Chengsi Law Firm, believes that in this case, it is relatively reasonable for hospitals to propose that they can compensate for medical expenses and related costs of vaccines. However, Ms. Kangs claim for compensation for mental comfort may not be supported by law. Wu Lei said that the current hospital solution is relatively reasonable, can not expand the hospitals liability for compensation, which is in line with the relevant provisions of tort law, but also in line with the principle of fairness.
These are hard to compensate.
Compensation for loss of work time requires judicial expertise.
Deng Xueping, deputy director and lawyer of Beijing Heng Law Firm in Shanghai, believes that the Supreme Peoples Court has defined a compensation standard in the Explanation of Several Questions Concerning Compensation for Personal Damage. Regarding the problem of missed work fees, whether the injured need to take leave or how many days, including whether they need to be accompanied by a special person, is necessary. It is necessary to conduct forensic appraisal rather than counting the days of actual leave.
Compensation losses in law refer to losses that have already occurred and will inevitably occur in the future. Therefore, Ms. Kang has doubts about delays in operation and rabies. Her claim for hospital compensation is hypothetical and generally difficult to support. Deng Xueping said.
Mental injury costs only if it constitutes disability.
Zheng Yunpeng, a lawyer at Longguang Law Firm in Heilongjiang Province, said that when a stray dog appeared in the hospital and the patient was bitten, the hospital must bear the liability for compensation and make full compensation. But now, according to the law, it is necessary to constitute a disability before there is a mental loss fee. Therefore, whether this part of the cost should be compensated or not, we still need to judge according to Ms. Kangs specific injuries. Zheng Yunpeng said that in judicial practice, the amount and items of compensation should be calculated on the basis of facts that can be confirmed at present. The consequences of the hypothesis are generally not supported. Ms. Kangs claim for compensation for delayed deterioration of her condition and concern about future rabies is generally not supported. Even if the damage is actually done in the future, it is necessary to produce evidence to prove the cause and effect so that the claim can be made. Liu Hongyan, lawyer of Beijing Wei Heng law firm, said. The source of this article: Hua Shang Wang Hua Hua Bao editor in charge: Yang Yi _NBJ10647
Zheng Yunpeng, a lawyer at Longguang Law Firm in Heilongjiang Province, said that when a stray dog appeared in the hospital and the patient was bitten, the hospital must bear the liability for compensation and make full compensation. But now, according to the law, it is necessary to constitute a disability before there is a mental loss fee. Therefore, whether this part of the cost should be compensated or not, we still need to judge according to Ms. Kangs specific injuries. Zheng Yunpeng said that in judicial practice, the amount and items of compensation should be calculated on the basis of facts that can be confirmed at present.
Hypothetical consequences are generally not supported.
The hypothetical consequences of Ms. Kangs claim for compensation for the delayed deterioration of her condition and her concern about rabies later on will not generally be supported. Even if the damage is actually done in the future, it is necessary to produce evidence to prove the cause and effect so that the claim can be made. Liu Hongyan, lawyer of Beijing Wei Heng law firm, said.