The premarital checkup hospital must be the wrong premarital checkup " It is single to bury "

The premarital checkup hospital must be the wrong premarital checkup " It is single to bury "
Yu LongKun About details of the caseIt causes the premarital checkup mistake to operate violablyLi goes to one hospital of city first to carry on the predecessor body health examination of the wedding with Wang two people before marriage. The physical examination result reveals Li suffers from serious infectious disease, the doctor provides the physical examination result that can't get married. Later, Li get some other of hospital go on, reexamine again, but result reveal very healthy, have not suffered from any infective disease. Through checking, it is due to violating operational procedures that first hospital provides the wrong premarital checkup result. For this reason, Li tell, to court, require it return physical examination fee first hospital, compensate for used for reexamining expense and spirit caused by that it fails to marry Wang, damage.The court thinks through trying, Li is and a kind of medical service contract relation between the first hospital, also a legal relation between a kind of infringement. According to the demand of Li, first hospital should not merely compensate Li for payment to check the fee and reexamine the fee, should also compensate for the emotional distress caused to it because of the wrong result. Analysis of legal principleThe hospital must bury singly for the noncomplianceThis case for because wrong result in operational procedure the intersection of premarital checkup and hospital violate together, cause the civil case which others damage, the focuses of its disputes of both sides mainly concentrate on Li's forming medical service contract relation and legal relation of infringing with first hospital, and on the question that damaged,etc. that first hospital should compensate a patient for spirit.First of all, other reasons that medical service contract relation means medical worker is entrusted by patient, contract relation of offering medical treatment of diagnosing, treating, attending to etc. service for patient and forming.Generally speaking, besides forcing medical treatment, the medical service contract relation is that equal personal relations and property relations among doctors and patients happens in one kind, adjusted by the civil law. The establishment of the medical service contract needs inviting and promising through being of both sides like other contracts, the patient proposes what makes a diagnosis should be invited, the hospital accepts that demands to provide service, the medical contract can be tenable. In this case, Li has already put forward the request of physical examination to hospital and paid the relevant expenses, the hospital, after the expenses received by Li, namely indicate the medical service contract is tenable.At the request of medical service contract, the main obligation of the medical organization is to use medical technology, follow the medical routine to diagnose and treat for the patient. If the hospital delays to fulfil in accordance with the obligation with due this level, cause patient's life, property to damage, the hospital should bear the liability for breach of contract. So, hospital of Li's requirement first returns the fee of physical examination and compensates for and reexamine the demand of the fee, will undoubtedly get support from court.Secondly, the theory of law of infringing according to our country, confirm the liability for tort forms the important document and should possess illegal activities, damage fact, three important documents of causality.It is the civil tort that medical treatment is damaged. In this case, because first hospital violates the operation regulation and provides the wrong physical examination result, cause property and spiritual damage to Li, its behavior has already formed infringement of Li. According to the regulation of article 1 of the Supreme People's Court " explanation on confirming several questions of compensation for spiritual damages civilly and infringing ", the citizen is encroached on illegally personality rights such as life right, health right, health right,etc., the compensation spirit of request is damaged to bring a suit before people's court, the people's court should accept in accordance with the law.Because of this, the court judgement first hospital bears the corresponding compensation for spiritual damages. Because without concrete reference standard, while confirming spirit damages the amount of compensation, the court can combine the intensity that a patient is damaged, situations such as the fault intensity of the hospital and patient's average living standard in the dwelling,etc. calculate expense amount.(Author's unit: Ji'an the People's Hospital of city center of Jiangxi Province)
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