The length of hospital stay is a traffic accident liability dispute case
The basis for calculating the compensation item,
But in a traffic accident,
the person does not constitute a disability,
However, more than 100 days of hospitalization were recorded.
What's going on?
Will the court support it?
Let's look at today's case.
On June 19, 2022, Yang's car collided with a car driven by Chen and a traffic accident, and in addition to the two drivers who were injured, the three accompanying passengers in Chen's car were also injured to varying degrees.
The traffic police department determined that Yang's failure to follow the instructions of the traffic light was the main cause of the accident and bore the main responsibility. Chen Mou Xing did not slow down through the intersection, which was the secondary cause of the accident and bore secondary responsibility. Yang purchased compulsory insurance and 2 million motor vehicle third-party liability insurance from an insurance company, and the accident occurred during the insurance period.
It was determined that two of the passengers constituted grade 10 disabilities, and two were hospitalized for more than 10 days before being discharged from the hospital to recuperate at home. The third passenger, Pan, was sent to Miluo Traditional Chinese Medicine Hospital for inpatient treatment on the day of the accident, and was only discharged on October 18, 2022, with a total of 121 days of hospitalization. After judicial evaluation, Pan was slightly injured in the second degree, and it was recommended to miss the construction period of 90 days, the nursing period of 30 days, and the nutrition period of 30 days.
The insurance company objected to this, and the negotiations between the two parties were fruitless, so Pan sued the court. Yang and an insurance company were required to compensate him for various losses caused by the traffic accident totaling 66,746.98 yuan.
The focus of the dispute in this case was how to determine Pan's loss. During the trial, the magistrate reviewed the three test sheets and nursing records of Pan's hospital, which recorded in detail whether Pan went out during his stay in the hospital and measured various physical data indicators every day. After verification, Pan had a record of going out for 110 days during his hospitalization and no treatment and medication records, and Pan's actual hospitalization should be 11 days.
Accordingly, the court did not support the expenses incurred by Pan during his unreasonable hospitalization, and deducted the bed fee for non-actual hospitalization from the medical expenses, and calculated the reasonable loss based on the actual number of days of hospitalization to 33,723.98 yuan.
In addition, according to the determination of accident liability issued by the traffic police department, the court decided that Yang should bear 70% of the civil liability in this case. In the end, the court ruled that an insurance company should pay Pan 26,107 yuan within the scope of compulsory insurance and commercial insurance, and Yang should pay Pan 607 yuan.
None of the parties appealed and the judgment came into force.
"Bed-hanging hospitalization", also known as "sham hospitalization", generally refers to the behavior of patients who continue to be hospitalized even though they do not need hospitalization or can be discharged after treatment. For the possible "hanging bed" behavior in motor vehicle traffic accident liability disputes, it can be judged from two aspects: First, the corresponding medical record data includes three test sheets, nursing orders, etc., and check the daily ward rounds data to determine whether the patient is actually hospitalized. The second is the appraisal materials issued by the appraisal agency to prove whether the length of hospital stay is commensurate with the degree of injury. "Bed-hanging hospitalization" is a manifestation of excessive medical treatment, and if the length of hospitalization exceeds the reasonably necessary period of hospitalization, and the burden on the obligor for compensation is increased, the injured person shall bear the increased loss.
Source: Supreme People's Court
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