The forensic eye | hospitalization and fraudulently used someone else's name to be hospitalized, resulting in the determination that the work injury was blocked, and he sued the hospital to change the medical records back

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Xiao Wu was injured while working

Considering that the company does not have medical insurance

He borrowed the name of his colleague

The relevant hospitalization procedures were completed

However, it was embarrassing

When he applied for a work injury, he was stopped by the hospital

Because the medical records do not have his name

recently

The Liuyang Municipal People's Court heard the case at a hearing

After being injured at work, he filled in the name of another person for insurance fraud

In May 2019, Xiao Wu was cut by a chainsaw while working in a building materials factory in Liuyang City, and his colleague Lao Zhou accompanied him to the hospital for treatment. Because Xiao Wu has just joined the company, he has not yet gone through insurance procedures, but Lao Zhou has medical insurance. Therefore, Xiao Wu received treatment in the name of Lao Zhou in the hospital and provided his identity documents.

Afterwards

Xiao Wu was blocked from applying for a work injury recognition

He negotiated with the hospital to correct the name of the medical record book

It was rejected by the hospital

Little Wood

The name of the medical record is incorrect, which is caused by the hospital not checking the patient's information.

Therefore, a lawsuit was filed with the Liuyang Municipal People's Court

Ask the hospital to change the name of the medical record book

After Xiao Wu was hospitalized, he always used Lao Zhou's name for medical treatment, and all the signatures, doctor questions, and nurse checks were stated in Lao Zhou's name, and he was never informed of the error in the writing of medical records during hospitalization. In the written signature documents such as the admission informed consent form and the surgical consent form provided by the hospital, the patient's signature office signs the name of Lao Zhou.

hospital

Court: Hospitals have no obligation to review the true identity of patients

After trial, the Liuyang Municipal People's Court held that Xiao Wu did not indicate his true identity and requested correction of the name of the medical record book during his hospitalization, and only when he found that he could not apply for work injury recognition and reimbursement of commercial insurance after discharge, he asked the hospital to correct it, and it was known that Xiao Wu was not in good faith and intended to use the identity of others to defraud medical insurance funds.

In the case of emergency treatment, the hospital does not have a statutory obligation to verify the true identity of the patient, and if the statutory obligation is given to the hospital, it may hinder the timely treatment in the event of an emergency. Xiao Wu has full capacity for civil conduct and should bear the corresponding civil legal consequences for the civil acts he made, and the hospital is not at fault in the performance of the medical service contract; from the perspective of guiding social integrity, the court finally ruled that Xiao Wu's litigation request for correcting the name was not supported.

Judge: Acts intended to defraud insurance will bear corresponding legal liability

When you go to the doctor

In addition to truthfully stating the condition to the doctor, the patient should not only truthfully state the condition

You should also tell yourself your true identity

Otherwise, you will bear the corresponding legal risks

1

Fraudulent use of other people's identity information for medical treatment will cause records such as outpatient (emergency) medical record manuals, diagnostic certificates, medical examination reports, and payment documents to be disconnected from the actual medical personnel. In the event of a medical malpractice, it will not be possible to directly determine that the medical institution has treated the actual medical personnel, and the patient who fraudulently uses the information of others to seek medical treatment will not be able to directly prove whether the above medical behavior has a causal relationship with the patient's loss.

2

If the identity information of others is fraudulently used to defraud insurance, the corresponding legal liability shall be borne, and if the identity information of the insured life insurer is deliberately used to seek medical treatment, with the intention of defrauding the insurance money, the relevant actor may be investigated for administrative responsibility or criminal liability.

3

In addition, the hospital's diagnostic certificate and medical record data are based on the patient's pathophysiology at that time to make an objective reflection of a record, the writing and modification of medical records has strict legal provisions, and the medical records that have been made cannot be easily modified.

All-media reporter Yang Yu correspondent Chen Zixian