[Basic facts of the case]
On March 5, 2021, the plaintiff was admitted to the pediatric branch of X City People's Hospital for treatment due to intermittent fever and diarrhea, and was admitted to the hospital with the diagnosis of 1. sepsis 2. acute enteritis, and at around 19:40 on March 6, 2021, the plaintiff was injured by an oxygen cylinder (with a bracket) placed in the ward while playing in the ward.
The diagnosis of 1. sepsis, 2. acute enteritis, 3. proximal fracture of the left femur, was escorted by 120 to X City Orthopedic Hospital for treatment on the same day, and the plaintiff spent 1,266 yuan on long-distance transfer freight. The plaintiff was actually hospitalized in the X City Orthopedic Hospital for 12 days, spending 24,646.09 yuan in inpatient medical expenses, and then spent 280 yuan in outpatient expenses in the X City Orthopaedic Hospital for re-examination.
【Plaintiff's Viewpoint】
The plaintiff went to the children's branch of the People's Hospital of X City for medical treatment, and was injured by an oxygen cylinder (with a bracket) placed in the emergency room, and was found to have a fracture of the proximal left femur. The two parties failed to negotiate the compensation and sued the court. The lawsuit requested that the defendant X City People's Hospital compensate the plaintiff Wang for losses of 46,682.54 yuan in medical expenses, food subsidies, nutrition expenses, nursing expenses, accommodation expenses, and transportation expenses.
[Defendant X City People's Hospital argues]
The plaintiff was placed in a transitional ward for the needs of epidemic prevention and control, and there was no forcible problem. The plaintiff was injured in the emergency room because he climbed on the special rack for placing oxygen cylinders, and the injuries suffered were due to the failure of the guardian to supervise him, and the guardian bears full responsibility for the damage.
The People's Hospital of X City places oxygen cylinders in a fixed position, and the oxygen cylinders are necessary for the emergency room, and the oxygen cylinders and oxygen cylinder placement racks are stationary objects, and there will be no dumping without external force. The People's Hospital of X City was not at fault in this regard, and the defendant's improper management alleged by the plaintiff was not established.
[Fault Analysis]
There is no dispute between the parties as to the fact that the plaintiff was hospitalized due to injuries sustained by the dumping of an oxygen cylinder (with a bracket) in the children's ward of the People's Hospital of X City, and the focus of the dispute between the parties is whether the defendant X City People's Hospital should be held liable.
In this regard, the plaintiff provided the medical records, medical bills and appraisal conclusions of the hospitalization of the People's Hospital of X City and the Orthopedic Hospital of X City, but the defendant did not submit evidence to this hospital;
After review, this court held that the plaintiff Wang was injured due to the overturning of the oxygen cylinder truck during his hospitalization, and was hospitalized for 12 days in the X City Orthopedic Hospital, and the defendant could not provide evidence to prove that it had fulfilled its safety and security obligations, and should bear the corresponding tort liability.
【Appraisal Opinion】
Plaintiff Wang, female, Han nationality, born on October 3, 2018, with a nursing period of 120 days and a nutrition period of 90 days.
[Trial Opinions]
1. This court believes that this case is a dispute arising from the patient's injury caused by an oxygen device when he was hospitalized in the hospital, and it is not a dispute over liability for medical damages, but a dispute over the right to health. Citizens' right to health is protected in accordance with the law, and as the main body of medical services, hospitals have the obligation to provide a safe medical environment for patients during their hospitalization.
As a medical institution, it is reasonable for hospitals to store oxygen cylinders in wards, but oxygen cylinders are pressure vessels, and according to the provisions of the Special Equipment Safety Law of the People's Republic of China, the use of special equipment should have a specified safety distance and safety protection measures. Buildings and ancillary facilities related to the safety of special equipment shall comply with the provisions of relevant laws and administrative regulations.
As a professional institution that often uses oxygen cylinders, the hospital clearly knows that the shape of the oxygen cylinder device is relatively special, and should have a high duty of care for the storage of oxygen cylinders, and the hospital where the plaintiff Wang is staying is a children's hospital, and most of the patients are incapacitated for civil conduct and persons with limited capacity, so it should strengthen the management and maintenance of the facilities to prevent dumping accidents, and at the same time, the guardians and family members of the patients should also be reminded of safety matters in a timely manner.
2. However, in this case, the defendant X City People's Hospital failed to provide evidence to prove that it had fulfilled its duty of proper management as a manager, and failed to take adequate safety measures for the placement of oxygen cylinders and set up obvious warning signs. Therefore, there is fault for Wang's injury, and he should bear the main responsibility (80%). In this case, the plaintiff's legal guardian failed to fulfill his guardianship responsibilities during his escort and should bear secondary liability (20%) for the injuries suffered by the plaintiff.
3. The court determined that the plaintiff's losses were: 1. medical expenses of 24,926.09 yuan, 2. hospitalization meal subsidy of 600 yuan (50 yuan/day× 12 days), 3. nutrition expenses of 1,800 yuan (20 yuan/day× 90 days), 4. nursing expenses of 16,133.59 yuan (49,073 yuan/year÷ 365 days×120 days), 5. transportation expenses of 1,506 yuan (20 yuan/day× 12 days + 1,266 yuan), 6. appraisal and inspection fees of 740 yuan; A total of 45,705.68 yuan.
4. Therefore, the defendant X City People's Hospital should compensate the plaintiff Wang for the loss of 36,564.54 yuan (45,705.68 yuan×80%), and the plaintiff's other litigation claims have no basis in law and are not supported by this court.
【Verdict】
On October 21, 2021, the court ruled that the defendant X City People's Hospital should pay the plaintiff Wang 36,564.54 yuan.
[Excerpt from judicial adjudication cases]