At 7:45 on July 6, 2004, Mr. Zhang Santana bridge car driving to work, the door of peace and cyclists crossing Liu collision. Confirmation Municipal Traffic Management Bureau Xuanwu traffic detachment to take full responsibility for the identification of Mr. Zhang. After the incident, Mr. Zhang took her to the emergency center. After a medical examination, Sharon multiple soft tissue injuries, hospitalized eighteen days. Sharon during hospitalization according to the doctor's advice to buy a lot of food. Liu then after discharge claim compensation for economic losses 49 Mr. Zhang Keyuan, including 2,000 yuan hospital food subsidies and these payments. The two sides did not dispute the other compensation programs, but the hospital food subsidies and these payments differ greatly, both parties go to court. Liu believes himself over sixty years, poor physical condition, the hospital greater damage to the body, and therefore need nutritional supplements, and provided poor physical condition of court records and the purchase of food bills, court trial support which part of these payments.
Analysis [by law]
"Supreme People's Court on the trial of personal injury compensation cases apply to a number of issues of interpretation" of Article 23, hospital food subsidies may be determined by reference to local state organs, the food subsidy standards on business in general staff. Victim is necessary to field treatment, due to objective reasons can not be hospitalized, accommodation and meals victims themselves and their actual nursing staff, the reasonable part compensable. Article 24 of these payments is determined with reference to the views of medical institutions according to the victims disability.
Hospital food subsidies, subsidies for food is certainly used during the hospitalization of the victims. For hospital food subsidies, we must first solve the subsidy standards, "interpretation" of Article 23 of the "Reference travel food subsidy standards, the general staff of local state organs to be determined," the so-called local, general inpatient unit city-level location . Secondly, during the compensation period should be hospitalized victims. On the scope of compensation, "he explains" provides really necessary to field treatment, but the victim can not hospitalized, accommodation and meals for themselves and their victims actual nursing staff, the reasonable part should be compensated. Such a provision was not for the two categories of personnel dispute, but what the "interpretation" provisions "reasonable portion" and refers, according to legislative thought, refers to live hostels, eating cafeteria, and live-star hotels, eat high-end hotels sort of meaning.
These payments can be described as a number of compensation programs, it is the most flexible. "Explanation" Article 24 only "light of the views of medical institutions to determine these payments under disability victim" In just 22 words, can be described as simple, but in the back of this it contains many problems, which are mainly evidence form and effectiveness.
First of all, "referring to the views of medical institutions OK" can be identified as the right to legal order or giving the hospital, need to obtain proof of nutrition or prescription hospital the victim advocate, the key is that nutrition proof or prescription by what kind of qualifications have medical personnel issue. What is the nature of the evidence and proof in civil proceedings belonging prescription, how to cross-examine the admissibility of the complaint by the judges of the Court, the need of discretion. Secondly, what is nutrition, meat, eggs seafood, ginseng class, or health food, or tonic. As we all know, different conditions, have different requirements for food, even if the same food different cooking methods also have considerable nutritional differences. Issued by the hospital nutrition prove whether prescription or services within the scope of its mandate, a service contract between the two sides from the point of view of doctors and patients, which issued the opinion is likely to be accompanied bias in the proceedings, nutrition certificate or prescription in litigation in cross-examination How to prove evidence of "nature", when one of the parties objected to it, the full court should be how to deal with, if the hospital or hospital with no legal basis does not require refused to issue these payments opinion, the judge again what a "reference "? "Explanation" Article 24 clearly gives complete discretion hospital and judges.
For these payments shall be determined there are two necessary evidence: 1, views of medical institutions as a reference is "interpretation" provides a prerequisite for nutrition views of medical institutions should be based on need adjuvant therapy as a precondition, in terms of cases If there is no medical institution issued nutrition advice, can be presumed to not require adjuvant therapy of nutrition, these payments should not be compensated. 2, the nutritional levels and standard correspondence between injuries. Of course, for people to cope with everyday solve urgent food and clothing, the pursuit of nutrition is unrealistic. In today's daily life, people pay attention to the quality of life, extensive attention under the premise of nutritional supplements, these payments corresponding nutrition injured obviously not necessary for the daily life of the food, so the need to pay these payments should have nutrition a range of levels, not just the trial even if the parties to mediate, may also have rules to follow.
[Tips]
Calculation hospital food subsidies is relatively simple, you can refer to the relevant standards, and these payments are mainly from the start to demonstrate and advocate the views of medical institutions. When requested party opinions issued by medical institutions, not blindly seeking more demand is high, these payments should be related to the disease and the physical condition of the parties, or even out of the hospital proved, the court may not be adopted.
