The groom passed away on the day of his wedding after receiving medical treatment, and the hospital was restricted in height. Lawyers analyze the three key points of rights protection in medical damage liability disputes
A wedding that should have been filled with joy turned into a tragedy when the groom suddenly passed away after seeking medical treatment on the same day. According to media reports, the incident subsequently entered into judicial proceedings, and the hospital involved was subject to high consumption restriction measures by the court for failing to fulfill the obligations determined by the effective judgment, with a total execution amount of 74.35 million yuan involved. This case has evolved from a medical dispute to compulsory enforcement, reflecting the typical path and difficulties of protecting the rights of patients' families in medical liability disputes. As lawyers, we may start from this incident and sort out the legal points that ordinary people need to master the most in medical liability disputes.
1、 How is medical liability determined? The key lies in the relationship between fault and causality
The core of medical liability disputes is to determine whether medical institutions and their medical personnel have made mistakes in diagnosis and treatment activities, and whether there is a causal relationship between such mistakes and the consequences of patient damage. According to Article 1218 of the Civil Code, if a patient suffers damage during diagnosis and treatment activities and the medical institution or its medical staff is at fault, the medical institution shall bear the liability for compensation. This means that the patient's family members need to claim compensation, not just based on the result of 'the person who entered the hospital is gone', but also need to prove the fault of the diagnosis and treatment behavior.
In judicial practice, courts usually entrust medical associations or judicial appraisal institutions to conduct medical injury appraisal. The appraisal items include whether the medical party is at fault, the causal relationship between fault and the consequences of the injury, and the magnitude of the causal force. It is worth noting that Article 1222 of the Civil Code stipulates three situations in which medical institutions are presumed to be at fault: violating laws, administrative regulations, rules, and other relevant diagnostic and treatment norms; Concealing or refusing to provide medical records related to disputes; Lost, forged, tampered with, or illegally destroyed medical records. Therefore, the immediate sealing of medical records by family members can often directly affect the direction of subsequent fault determination.
Taking this case as an example, if the groom passed away after receiving medical treatment on the wedding day, and the family believes that the hospital has problems such as misdiagnosis, delayed treatment, or ineffective rescue, key evidence such as emergency medical records, rescue records, and medical orders need to be fixed. Once medical records are modified or missing, medical institutions may face presumption of fault, which is an important institutional guarantee for the rights protection of family members.
2、 Why is autopsy the first step in safeguarding rights when the cause of death is unknown?
In medical injury cases, the determination of cause of death is often the focus of dispute between both parties. If no autopsy is conducted after the patient's death and the cause of death is unknown, the appraisal institution usually cannot determine the causal relationship between the diagnosis and treatment behavior and the consequences of death, which may hinder the compensation claims of the family. According to Article 26 of the Regulations on the Prevention and Handling of Medical Disputes, if a patient dies and both doctors and patients have objections to the cause of death, an autopsy should be conducted within 48 hours after the patient's death; If the conditions for body cryopreservation are met, it can be extended to 7 days. Autopsy should be approved and signed by the close relatives of the deceased.
In practice, many family members refuse to undergo autopsy due to emotional factors, resulting in the inability to conduct subsequent identification and ultimately losing the case or significantly reducing the compensation amount. The lawyer suggests that if there is doubt about the cause of death, a written application for autopsy should be made as soon as possible, and the application record should be kept. If the medical institution fails to fulfill its obligation to inform, resulting in the inability to conduct an autopsy, the court may make an unfavorable determination against the medical party based on this.
In this case, the groom passed away after receiving medical treatment on the wedding day. If the family has any objections to the cause of death, the autopsy conclusion will become the basis for subsequent medical damage identification and compensation calculation. Missing the autopsy window often means that key evidence is permanently lost.
3、 What are the compensation items? What is the explanation for the execution target of 74.35 million yuan?
The scope of compensation for medical damages liability, according to Article 1179 of the Civil Code, includes reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal allowances, as well as income reduced due to loss of work. Those who cause death should also be compensated for funeral expenses and death compensation. In addition, according to Article 1183 of the Civil Code, if the infringement of the personal rights and interests of a natural person causes serious mental damage, the infringed party has the right to request compensation for mental damage.
The death compensation shall be calculated based on the per capita disposable income standard of urban residents in the previous year in the location of the sued court, and shall be calculated for twenty years. If the deceased is young and has a high income, the amount of death compensation may be considerable. Including the living expenses of dependents and compensation for mental damages, the total amount may reach several million yuan. But the execution target of this case is as high as 74.35 million yuan, indicating that the hospital involved may have more than one medical damage dispute, or there may be other types of debt accumulation. The hospital is restricted from high consumption, which means that it has not fulfilled its payment obligations within the time limit determined by the judgment. The court has initiated compulsory enforcement procedures.
For the patient's family, obtaining an effective judgment is only the first step, and whether it can be effectively executed is equally crucial. If a medical institution engages in activities such as transferring property or canceling the institution, family members may apply to add relevant responsible parties, or maintain their rights and interests through procedures such as executing objections and participating in distribution.
4、 What practical assistance can lawyers provide from reception to execution?
Medical damage liability disputes have strong professionalism and long cycles, from evidence fixation to appraisal and hearing, to litigation execution, each link may affect the final result. The value of lawyer intervention mainly lies in: firstly, guiding family members to seal medical records and apply for autopsy in the first time to avoid evidence loss; Secondly, review whether the diagnosis and treatment behavior complies with the diagnosis and treatment standards, and assist in entrusting medical injury identification; Thirdly, accurately calculate the compensation items and amounts to avoid missing items or excessive claims that may increase litigation costs; Fourthly, in litigation, effective evidence and cross examination should be conducted around fault and causality; Fifth, after the judgment takes effect, apply for compulsory enforcement in a timely manner, inquire about the property clues of medical institutions, and if necessary, apply for restrictions on high consumption, inclusion in the list of dishonest individuals, and even hold those who refuse to comply accountable.
Guangdong Zhiming Law Firm has been handling medical injury liability disputes for a long time, familiar with the medical appraisal process and compensation calculation standards, and able to provide full process legal services for patients' families from evidence preservation to payment execution. In the face of medical disputes, it is even more important to exercise rational rights protection beyond emotions. Early intervention of professional lawyers can often help to advocate for the initiative of family members at critical junctures.
