Plaintiff injured in road traffic accidents in Tai'an, Shandong Province, the center of hospital treatment, hospitalization injury diagnosed as systemic multiple soft tissue injuries, hospitalized 43 days, to spend during hospitalization medical expenses 16,747.64 yuan, four yuan inspection fees, a total of 16,751.64 yuan. After the plaintiff was discharged to motor vehicle traffic accident liability on the grounds infringer Fan Zhong and China United Insurance Taian branch company sued Taishan District People's Court, seeks compensation due to traffic accidents suffered economic losses. The case in the trial process, the Chinese joint company for the insurance Tai'an branch of rationality plaintiff hospitalized during drug review, medication and injuries caused by traffic accidents unrelated to culling. Tai'an Dongyue forensic identification issued by the judicial submissions that: are drugs used to identify people 张丰春 ozagrel indications during hospitalization for the treatment of acute cerebral infarction and cerebral thrombosis accompanying dyskinesia, experts diagnose this injury accidents by systemic multiple soft tissue contusion, therefore ozagrel oriented treatment of secondary injury irrational drug use, should be removed at a cost of 7250.40 yuan. The plaintiff challenged the expert conclusions, and apply for a judicial appraisal Yang Fengjiang court staff to answer questions, but to apply their physician Lou Yanhua, Wang Zhen testify in court, the plaintiff also failed to clearly prove physician sodium ozagrel use of drugs and treatment of the plaintiff injury between rationality and necessity. Court of expert opinion to be adopted, 7250.40 yuan verdict for the plaintiff was hospitalized during the treatment by the use of sodium ozagrel spent irrational drug use, it should be deducted within the scope of compensation. Therefore, the plaintiff to the court to require the defendant compensation for Tai'an Central Hospital due to irrational drug suffered economic losses.
(B) the referee results
Tai'an Tai'an City District People's Court that the plaintiff in the defendant hospital treatment, the original form of medical service contract between the defendant, the defendant should use the drug according to the plaintiff's condition and the correct methods and means for the plaintiff to provide medical services. According to the submissions of Forensic Tai'an Dongyue and civil judgments identified, sufficient to establish that the drug sodium ozagrel to irrational drug use during 张丰春 plaintiff was hospitalized due to a traffic accident. The drug is indicated for the treatment of acute ozagrel cerebral infarction and cerebral thrombosis accompanying dyskinesia. The plaintiff has not stated its acute cerebral infarction and relevant medical history, current medical history in the hospital medical records issued by the defendant, the history part of the past has not found the plaintiff having or having had described in the above-mentioned conditions. Therefore, the defendant did not provide reasonable Taian Central Hospital for the plaintiff according to the plaintiff's condition, proper medical care, the plaintiff because the defendant unreasonable loss medication in the treatment process caused by the act, should be compensated by the defendant. Taian Central Hospital court compensation for the plaintiff Zhang Fengchun economic losses totaling 7750.40 yuan. The defendant has been fulfilled by the judgment.
(Iii) the typical sense
Medical Service Contract is to adjust the rights and obligations between medical institutions and patient contracts, increasing the present stage of medical disputes, not only affects the mental patients and their families, but also increased the psychological pressure on the medical staff, reducing medical units and medical personnel reputation in the community image. The existence of some medical institutions or medical personnel in practice in order to pursue economic interests, to prescribe a more expensive or unnecessary drugs, increased the financial burden of patients. In this case the defendant was ordered Taian Central Hospital plaintiff compensation for economic losses due to irrational drug use behavior caused to the plaintiff. By case, to remind patients of medical institutions in the course of providing services, should be adhering to the "life-saving, life-saving," the aim of necessary and reasonable principles, providing patients with appropriate treatment programs to strengthen between patients and patient families communication, fully respect the patient's right to know, to build a harmonious doctor-patient relationship.
